Part 1 Administration

Part 1 Administration

1 Name of the Plan

1 Name of the Plan

This Plan is called Leichhardt Local Environmental Plan 2000 and is referred to as the Plan throughout this document.

2 Purpose of the Plan

2 Purpose of the Plan

The purpose of the Plan is to provide a framework for the Council to carry out its responsibility for environmental planning provisions. The Plan has a vision and objectives which are implemented through provisions and development control tables. These provisions, when implemented together with the detailed policies, standards and performance criteria of development control plans, will facilitate the achievement of the Plan’s objectives.

3 Land to which the Plan applies

3 Land to which the Plan applies

The Plan applies to all land in the Leichhardt local government area as shown on the Zoning Map, except—

(a) the land shown as deferred on that map and known as 1 The Crescent, Annandale, and

(b) the land shown as deferred on that map and known as the State Rail Authority site, being land bounded by Balmain Road, City West Link Road, Moore Street West and Derbyshire Street, Leichhardt, and

(c) any land to which Sydney Regional Environmental Plan No 26—City West applies that is within that area, and

(d) any land to which Sydney Local Environmental Plan 2012 applies.

cl 3: Am 2012 (628), Sch 6.1.

4 Effect of the Plan on other environmental planning instruments

4 Effect of the Plan on other environmental planning instruments

(1) The Plan repeals all other local environmental plans and deemed environmental planning instruments that, immediately before the Plan took effect, applied to the land to which the Plan applies, except to the extent they relate to land shown as deferred on the Zoning Map.

(2) The Plan amends State Environmental Planning Policy No 4—Development Without Consent by inserting the following words in alphabetical order in Schedule 2 (Land excepted from clauses 6–10)—

Leichhardt local government area

5 Consent authority for the Plan

5 Consent authority for the Plan

The Council is the consent authority for the purposes of the Plan, except as provided by or under the Act.

6 Exempt and complying development

6 Exempt and complying development

(1) Development of minimal environmental impact listed as exempt development in Development Control Plan No 35 is exempt development.

(2) Development listed as complying development in Development Control Plan No 35 is complying development if—

(a) it is local development of a kind that can be carried out with consent on the land on which it is proposed, and

(b) it is not an existing use, as defined by section 106 of the Act.

(3) Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development by Development Control Plan No 35.

(4) A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Development Control Plan No 35.

(5) In this clause, references to Development Control Plan No 35 are references to the provisions of that development control plan as adopted on 25 November 2003.

cll 6: Am 2.4.2004.

7 General provisions in relation to the development of land

7 General provisions in relation to the development of land

(1) Zones which apply in the Plan The following zones are applicable to land to which the Plan applies—

Residential Zone,

Business Zone,

Industrial Zone,

Open Space Zone,

Public Purpose Zone.

Land is included in a zone if it is shown on the Zoning Map in the manner specified in that zone’s development control table in the Plan.

(2) Development which is allowed or prohibited in each zone Except as otherwise provided by the Plan, development of land within a zone that—

(a) may be carried out with or without development consent, or

(b) is prohibited,

is specified in the development control table for the zone.

(3) Land use objectives Consent must not be granted for development proposed within a zone unless the consent authority has taken into consideration such of the objectives of the Plan as are relevant to the proposal and is satisfied that the development is consistent with those objectives.

For the purposes of this subclause, in the event of an inconsistency between the general objectives of the Plan and a specific objective applicable to the proposed use, the specific objective applicable to the proposed use prevails.

8 Definition of terms used in the Plan

8 Definition of terms used in the Plan

In the Plan—

(a) words defined in Schedule 3 have their defined meanings which may differ from their everyday meanings, and

(b) a reference to a building or place used for a purpose includes a reference to a building or place intended to be used for the purpose, and

(c) a reference to a map is a reference to a map kept at the office of the Council.

9 Model provisions

9 Model provisions

This Plan adopts clauses 8 and 35 of, and Schedule 1 to, the Environmental Planning and Assessment Model Provisions 1980.

cll 9: Am 2.4.2004.

10 The use of explanatory notes

10 The use of explanatory notes

Explanatory notes to the Plan, including any notes within boxes, do not form part of the Plan, nor does the list of its contents.

11 Optional saving for undetermined applications

11 Optional saving for undetermined applications

(1) Any development application lodged but not finally determined prior to the commencement of the Plan is to be assessed and determined under the provisions of the environmental planning instruments and development control plans that were in force immediately before that commencement.

(2) However, when assessing and determining a development application to which subclause (1) applies, the consent authority must have regard to the provisions of the Plan and development control plans approved for the purposes of the Plan as if they had been exhibited under the Act but had not been made or approved.

(3) Subclauses (1) and (2) do not apply to a development application if the applicant has given the Council a written request for the application to be assessed and determined under the Plan.

11A Savings provisions relating to development applications

11A Savings provisions relating to development applications

A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023 must be determined as if that policy had not commenced.

cl 11A: Ins 2023 (524), Sch 1.1[3].

Part 2 Vision, general objectives and planning principles

Part 2 Vision, general objectives and planning principles

12 Vision of the Plan

12 Vision of the Plan

The vision of the Plan is to conserve and enhance the quality and diversity (social and physical) of the natural, living, working and leisure environments of the local government area of Leichhardt. The protection of the amenity of residents should be pre-eminent.

13 General objectives

13 General objectives

(1) The general objective for ecologically sustainable development is to encourage the incorporation of the principles of ecologically sustainable development in the design and management of the built and natural environment to—

(a) provide for the preservation of natural resources to ensure their availability for the benefit of future generations, and

(b) minimise negative impacts of urban development on the natural, social, physical and historical environment, and

(c) maintain and enhance the quality of life, both now and for the future.

(2) The general objective for the built and natural environment and amenity is to encourage the design of buildings, structures and spaces which are compatible with the character, form and scale of the area to—

(a) protect and enhance the area’s natural features, character and appearance, and

(b) protect, conserve and enhance the area’s heritage, and

(c) provide an environment meeting the principles of good urban design, and

(d) maintain amenity and contribute to a sense of place and community, and

(e) provide an environment which is visually stimulating, while being easy to manage and maintain, and

(f) provide adequate access and linkages to public open space, and

(g) accommodate the existing and future needs of the locality concerned, and

(h) protect and conserve ecologically sensitive land, particularly that which is visually exposed to the waters of Sydney Harbour and the Parramatta River and of natural or aesthetic significance at the water’s edge.

(3) The general objective for transport and access is to encourage the integration of the residential and non-residential land uses with public and private transport and improve access to—

(a) reduce the need for car travel and subsequent pressure on the existing road networks, and

(b) maximise utilisation of existing and future public transport facilities, and

(c) maximise the opportunity for pedestrian and cycle links, and

(d) identify and ameliorate adverse impacts of all transport modes on the environment, and

(e) improve road safety for all users, particularly pedestrians and cyclists.

(4) The general objective for arts and cultural activity is to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts.

cl 13: Am 2.4.2004; 2020 (724), Sch 1.8.

14

14 (Repealed)

Part 3 Heritage conservation

Part 3 Heritage conservation

15 Objectives

15 Objectives

The objectives of the Plan in relation to heritage conservation are as follows—

(a) to protect, conserve and enhance the cultural heritage and the evidence of cultural heritage, including places, buildings, works, relics, townscapes, landscapes, trees, potential archaeological sites and conservation areas, and provide measures for their conservation,

(b) to protect, conserve and enhance the character and identity of the suburbs, places and landscapes of Leichhardt, including the natural, scenic and cultural attributes of the Sydney Harbour foreshore and its creeks and waterways, surface rock, remnant bushland, ridgelines and skylines,

(c) to prevent undesirable incremental change, including demolition, which reduces the heritage significance of places, conservation areas or heritage items,

(d) to allow compatible and viable adaptation and re-use of the fabric of heritage significance,

(e) to ensure the protection of relics and places of Aboriginal cultural significance in liaison with the Aboriginal community.

cl 15: Subst 2.4.2004.

16 General provisions for the development of land

16 General provisions for the development of land

Heritage items

(1) Consent is required for all development on the site of a heritage item.

(2) Consent must not be granted for any development in respect of a heritage item unless the consent authority has assessed a statement that—

(a) describes the significance of the heritage item as part of the environmental heritage of Leichhardt, and

(b) addresses the extent of the impact of the development on the conservation and heritage significance of the item in terms of—

(i) its fabric,

(ii) the age of the building or structure,

(iii) any stylistic or horticultural features of its setting,

(iv) any potential for archaeology,

(v) any historic subdivision pattern in the vicinity, and

(c) sets out any steps to be taken to mitigate any adverse impact of the proposed development on the environmental heritage of Leichhardt.

(3) Unless the consent authority has considered a conservation management plan, it must not grant consent for development on land which is—

(a) the site of a heritage item identified in Schedule 2 as having State significance,

(b) the site of a heritage item that pre-dates 1840, or

(c) a place identified in Schedule 2 as having archaeological significance.

Items listed on the State Heritage Register for the time being are taken to have State significance for the purposes of the Plan, whether or not that listing is recorded in Schedule 2.

(4) Consent must not be granted for development on land which comprises an archaeological site or is a potential archaeological site unless the consent authority is satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.

(5) Consent must not be granted for development on land which comprises an Aboriginal site or that the Council considers is a potential Aboriginal site, unless the consent authority—

(a) has notified the Council’s Aboriginal Consultative Committee, Boomalli Aboriginal Artists Co-operative and the Metropolitan Local Aboriginal Land Council, and

(b) has considered any matters raised by each of those bodies within 21 days of the notification, and

(c) is satisfied that any necessary consent or permission under the National Parks and Wildlife Act 1974 has been granted.

Use of a heritage item

(6) Nothing in the Plan prevents consent from being granted for the use of a heritage item for any purpose, if the consent authority is satisfied that—

(a) the proposed use would not adversely affect the heritage significance of the item, and

(b) the proposed use will ensure the conservation of the heritage item, where it is a building, and

(c) the amenity of the area will not be adversely affected.

Development in the vicinity of a heritage item

(7) Consent must not be granted for development on land in the vicinity of a heritage item, unless the consent authority has made an assessment of the effect the carrying out of that development will have on the heritage significance of the heritage item and its setting as well as on any significant views to and from the heritage item.

Conservation areas

(8) Consent must not be granted for the demolition, reconstruction, adaptation or erection of a building, the carrying out of a work, or the subdivision of land, within a conservation area unless the consent authority has made an assessment of the extent to which the carrying out of the development would affect the heritage significance of the conservation area, with particular regard to—

(a) the heritage significance of any building, work, relic, tree or place, archaeological site or potential archaeological site or Aboriginal site that would be affected, and the contribution it makes to the conservation area, and

(b) the compatibility of the proposed development with the conservation area, including the size, form, scale, orientation, siting, materials, landscaping and details of the proposed development.

cl 16: Am 2008 (571), Sch 3.103 [1] [2].

Part 4 Housing

Part 4 Housing

17 Objectives

17 Objectives

The objectives of the Plan in relation to housing are as follows—

(a) to provide development standards to ensure that the density and landscaped areas of new housing are complimentary to and compatible with the style, orientation and pattern of surrounding buildings, works and landscaping and to take into account the suite of controls in Leichhardt Development Control Plan 2000 to achieve the desired future character,

(b) to provide landscaped areas that are suitable for substantial tree planting and of a size and location suitable for the use and enjoyment of residents,

(c) to provide for a minimum residential allotment size in order to protect the area’s diverse subdivision pattern and to ensure the orderly and economic use and development of residential land,

(d) to provide a diverse range of housing in terms of size, type, form, layout, location, affordability and adaptability to accommodate the varied needs of the community, including persons with special needs,

(e) to improve opportunities to work from home.

cl 17: Subst 2.4.2004.

18 Development control table: Residential Zone

18 Development control table: Residential Zone

The following Table applies to development within the Residential Zone—

Table

cl 18: Am 2.4.2004; 2007 (641), Sch 5.22 [1] [2].

19 General provisions for the development of land

19 General provisions for the development of land

(1) Floor space and landscaped area controls In this clause—

Density area means land shown as a density area by heavy black edging on the Density Map.

(2) Except where the development is carried out in accordance with clause 23 (1), consent must not be granted to the carrying out of residential development on land within a density area if it will result in the floor space ratio exceeding the ratio shown for the density area in the following Table—

Table

| Density area | Maximum floor space ratio | | Leichhardt | 0.5:1 | | Annandale | 0.6:1 | | Balmain | 0.7:1 | | Glebe | 0.7:1 |

(3) Except where the development is carried out in accordance with clause 23 (1)—

(a) the minimum landscaped area for residential development is 40% of the site area, and

(b) 25% of the landscaped area required under paragraph (a)—

(i) is to be on natural or unpaved ground that is not overhung by or on top of any structure, and

(ii) is to be permeable, and

(iii) is to be appropriate for substantial deep planting.

(4) Subdivision control Consent shall not be granted to the subdivision of land within the Residential Zone that would create a single allotment of land with a site area of less than 200 square metres.

This subclause does not apply to the strata subdivision of buildings.

(5) Building conversion and adaptation Irrespective of subclauses (2) and (3), consent may be granted to alterations to a non-residential building, in the Residential Zone, so as to allow it to be used for a residential use, if the consent authority is satisfied that—

(a) the building is substantially retained, which means the building must be structurally capable of conversion without the need for the replacement of most of the structure, and

(b) any increase in floor space is contained generally within the envelope of the existing building, and

(c) the alteration of the building will meet the ecologically sustainable development objectives and controls of the Plan, and

(d) the alterations have been designed with adequate provision for the intended occupants, and those in the vicinity of the site of the proposed development, in terms of amenity, and

(e) the appearance of the building, after the alterations have been carried out, will integrate into and enhance the streetscape, and

(f) the alteration of the building will provide useable private outdoor recreation space for, and directly adjoining, each dwelling, and

(g) the conversion of the building will provide adequate, accessible and secure car parking spaces and bicycle storage facilities for residents of and visitors to the building, and

(h) where the building is a heritage item or in the vicinity of a heritage item or within a conservation area, the conversion of the building meets the heritage objectives and controls of the Plan.

(6) Diverse housing Consent must not be granted for development that will provide 4 or more dwellings, unless it provides a mix of dwelling types in accordance with the following Table, to the nearest whole number of dwellings—

Table

| Dwelling type | Percentage to be provided | | Bedsitter or one bedroom dwelling | Minimum 25% | | Three or more bedroom dwelling | Maximum 30% |

(7) Adaptable housing Consent must not be granted to development that will provide 10 or more dwellings unless it provides adaptable housing units in accordance with the following Table, to the nearest whole number—

Table

| Number of dwellings | Number of adaptable housing units | | 10–15 | 1 | | 16–24 | 2 | | 25–34 | 3 | | 35 or more | 10% of the total number of dwellings |

cl 19: Am 3.5.2002; 2.4.2004.

Part 5 Employment

Part 5 Employment

20 Objectives

20 Objectives

The objectives of the Plan in relation to employment are as follows—

(a) to ensure the sustainable growth of Leichhardt’s economy by retaining existing employment uses and fostering a range of new industrial and business uses to meet the needs of the community,

(b) to reinforce and enhance the role, function and identity of established business centres by encouraging appropriate development and to ensure that surrounding development does not detract from the function of these centres,

(c) to integrate residential and business development in business centres,

(d) to ensure that buildings to be used for employment are appropriately located and designed to minimise the generation of noise, traffic, car parking, waste, pollution and other adverse impacts, to maintain the amenity of surrounding land uses, and avoid harm to the environment,

(e) to ensure the continuation of commercial port uses and railway uses,

(f) to allow a range of water-based commercial and recreational facilities in waterfront areas in order to retain the visual diversity and maritime character of the area,

(g) to ensure non-residential development in residential zones does not detract from the function of the established business centres.

cl 20: Subst 2.4.2004.

21 Development control table: Business Zone

21 Development control table: Business Zone

The following Table applies to development within the Business Zone—

Table

22 Development control table: Industrial Zone

22 Development control table: Industrial Zone

The following Table applies to development within the Industrial Zone—

Table

cl 22: Am 2.4.2004.

23 General provisions for the development of land

23 General provisions for the development of land

(1) Commercial floor space control

(a) Consent must not be granted to the carrying out of non-residential development on land within any zone if it will result in the floor space ratio of a building on the land exceeding 1:1.

(b) Consent may be granted to the carrying out of mixed residential and other development on land within the Business Zone which results in a floor space ratio of a building on the land up to 1.5:1, but only if all floor space at the ground floor or street level is used for non-residential purposes (except for any floor space used for service and access purposes required for the residential component of the building in the floors above).

(c) Residential development on land within the Business Zone is only allowed in accordance with paragraph (b).

(2) Industrial floor space control Consent must not be granted to the carrying out of development on land within the Industrial Zone if it will result in a floor space ratio of a building on the land exceeding 1:1.

(3) Development for the purpose of bulky goods retailing Consent must not be granted to the carrying out of development for the purpose of bulky goods retailing unless consideration has been given to the following—

(a) whether the proposed development will detrimentally affect existing or future industrial development within the zone in which the land concerned is situated and whether this impact is acceptable, and

(b) whether the number of retail outlets that exist or are proposed on land within the Industrial Zone detract from the predominantly industrial nature of the zone.

(4) Development for the purpose of backpacker hostels and serviced apartments Consent must not be granted to the carrying out of development for the purpose of backpacker hostels or serviced apartments, unless consideration has been given to the following—

(a) the need to control the establishment of backpacker hostels and serviced apartments in the local government area of Leichhardt,

(b) the need to protect the stock of low-cost, long-term rental accommodation within that area,

(c) the need to prevent the reduction in residential amenity associated with the encroachment of backpacker hostels and serviced apartments into nearby residential areas.

(5) Development for the purpose of brothels or sex shops Consent must not be granted to the carrying out of development for the purpose of a brothel or sex shop unless consideration has been given to the following—

(a) whether the brothel or sex shop is operating near or within view from a place of public worship, hospital or school or any place regularly frequented by children for recreational or cultural activities,

(b) whether the brothel or sex shop would have an adverse impact on the amenity in the neighbourhood when taking into account other brothels or sex shops operating in the neighbourhood or other land uses within the neighbourhood involving similar hours of operation and creating similar amounts of noise and vehicular and pedestrian traffic,

(c) whether the brothel or sex shop will have suitable access,

(d) whether the brothel or sex shop will interfere with the amenity of the neighbourhood.

(6) Commercial use of non-residential buildings in the Residential Zone Consent may be granted to the use of a building or part of a building situated within the Residential Zone for any use allowed only with development consent in the Business Zone, and the alteration of the building so that it can be so used, if—

(a) the whole or part of the building was constructed for a non-residential use, and

(b) the building is substantially retained, which means the building must be structurally capable of conversion while meeting building, health, amenity and other environmental planning requirements, without the need for the replacement of most of the structure, and

(c) the consent authority is satisfied that the amenity of the locality will not be adversely affected.

(7) Nothing in subclause (6) allows the use of an existing building, or part of an existing building, situated within the Residential Zone for the purpose of backpacker hostels, brothels, clubs, hotels, motels, serviced apartments or sex shops.

(8) Refreshment rooms in non-residential buildings in the Residential Zone Consent must not be granted under subclause (6) for the use of a building or part of a building situated within the Residential Zone for the purpose of a refreshment room unless the consent authority is satisfied that—

(a) the gross floor area of the refreshment room (excluding floor area used for food preparation, service areas and storage) will not exceed 60 square metres, and

(b) the refreshment room will not trade after 6 pm any day.

cl 23: Am 2.4.2004; 2005 (208), Sch 1 [1] [2].

Part 6 Open space, recreation and leisure

Part 6 Open space, recreation and leisure

24 Objectives

24 Objectives

The objectives of the Plan in relation to open space are as follows—

(a) to maximise the provision of open space in order to provide a diverse range of settings and recreational opportunities to meet the needs of the community,

(b) to ensure the equitable distribution of, and access to, open space and recreation facilities,

(c) to retain, protect and promote public access to foreshore areas and provide links to existing open space,

(d) to ensure development is compatible with any Parks Plans of Management, Landscape Plans and Bicycle Plan adopted by the Council,

(e) to conserve and enhance the ecological role of open space, including flora and fauna diversity (including the genetic, species and ecosystem diversity of flora and fauna), habitat corridors and the potential of open space to cleanse air, water and soils,

(f) to provide opportunities in open space for public art.

cl 24: Subst 2.4.2004.

25 Development control table: Open Space Zone

25 Development control table: Open Space Zone

The following Table applies to development within the Open Space Zone—

Table

26 General provisions for the development of land

26 General provisions for the development of land

Note—

Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.

(1) Application Subclauses (3) and (4) apply to the land and relevant public authority for that land set out in the Table to this subclause.

Table

| Land identified for acquisition | Relevant public authority | | 23 White Street, Lilyfield | Corporation established under the Act | | 35 White Street, Lilyfield | Corporation established under the Act | | 39 White Street, Lilyfield | Corporation established under the Act | | 22 Wisdom Street, Annandale | Corporation established under the Act | | 15 and 15a Hearn Street, Leichhardt | Leichhardt Municipal Council | | 1 and 3 Cahill Street, Camperdown | Leichhardt Municipal Council | | Part of 23, 25, 29, 31, 33, 37, 39, 41, 43 and 45 Susan Street, Annandale, as shown coloured green on the Zoning Map | Leichhardt Municipal Council | | Lot 101 Chester Street, Annandale | Leichhardt Municipal Council | | Water Board land adjoining Johnstons Creek off Chester Street, Annandale | Leichhardt Municipal Council | | 9 The Crescent, Annandale | Leichhardt Municipal Council | | State Rail Authority land, The Crescent, Annandale | Leichhardt Municipal Council | | Part of 451–459 Glebe Point Road, Glebe, as shown coloured green on the Zoning Map | Leichhardt Municipal Council | | Lot 1 DP 995083, Lot 37 DP 664777, Lot 2 DP 995083 and Lot 100 DP 850261, Wood and Hereford Streets (adjoining Orphan School Creek), Forest Lodge | Leichhardt Municipal Council |

(2) (Repealed)

(3) Development pending acquisition Until land within the Open Space Zone to which this subclause applies is acquired by the public authority concerned, development may be carried out on that land for any purpose with development consent, where the consent authority is satisfied that the development will not diminish the usefulness of the land for the purpose for which it has been zoned.

(4) Consent is not to be granted to the carrying out of development of land to which this subclause applies, unless the Council has taken the following into consideration—

(a) the effect of the proposed development on the costs of acquisition,

(b) the imminence of acquisition,

(c) the costs of reinstatement of the land for the purposes for which the land is to be acquired,

(d) whether the proposed development will diminish the usefulness of the land for the purpose for which it has been zoned.

(5) Development near Open Space Zone boundaries Consent may be granted to the carrying out of development that is within the Open Space or Residential Zones and is within 10 metres of a boundary between those zones for any purpose for which development may be carried out either with or without development consent in the adjoining zone and on the other side of that boundary.

(6) Consent must not be granted in accordance with subclause (5) unless the consent authority is satisfied that—

(a) the development would not reduce the total area of land available for use as public open space, and

(b) in the opinion of the consent authority, the carrying out of the development is desirable to achieve a better disposition of buildings and open space on the land.

(7) Parks plans of management Nothing in the Plan prevents consent from being granted to development identified in a plan of management adopted by the Council under the Local Government Act 1993 in the Open Space Zone.

cl 26: Am 2008 (571), Sch 3.103 [3] [4]; 2011 (635), Sch 1 [1]–[7].

Part 7 Community uses

Part 7 Community uses

27 Objectives

27 Objectives

The objectives of the Plan in relation to community uses are to facilitate the equitable provision and improve the range, quality and distribution of community and cultural facilities and services to meet the needs of residents, workers and visitors.

cl 27: Subst 2.4.2004.

28 Development control table: Public Purpose Zone

28 Development control table: Public Purpose Zone

The following Table applies to development within the Public Purpose Zone—

Table

cl 28: Am 2007 (641), Sch 5.22 [3] [4].

29 Development of land within Public Purpose Zone

29 Development of land within Public Purpose Zone

Consent must not be granted to the carrying out of development of land within the Public Purpose Zone unless the consent authority has taken into consideration whether—

(a) the proposed use of the land or building concerned forms part of a wider proposal for the development of public spaces, services or facilities serving the community, and

(b) the needs of the existing users of the facilities on the development site will continue to be met within the locality.

cl 29: Am 3.5.2002.

Part 8 Special provisions

Part 8 Special provisions

30 Subdivision of land

30 Subdivision of land

Before consenting to a subdivision of land, the consent authority must consider whether the subdivision will—

(a) provide an appropriate setting for development in terms of site areas, dimensions and amenity to satisfy the needs of future residents and businesses, and

(b) protect the urban form, scale and density of the locality.

31 Temporary use of land

31 Temporary use of land

Nothing in the Plan, prevents consent from being granted to development (other than designated development) for any purpose for a maximum period of 28 days, whether or not consecutive, in any one calendar year if the consent authority is satisfied that—

(a) the temporary purpose will not prejudice the carrying out of development on the land in accordance with the Plan, and

(b) appropriate arrangements are made for the removal of the use and any associated structures at the end of the period specified in the development consent, and

(c) the temporary purpose will not impact unreasonably on the amenity of the adjoining and other surrounding properties.

32 Land reserved for roads

32 Land reserved for roads

Note—

Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.

(1) Acquisition of reserved land The owner of any land shown “Reservation” on the Zoning Map may request the Roads and Traffic Authority to acquire the land. The request must be in writing. On receipt of the request, the Roads and Traffic Authority must acquire the land.

(2) Development pending acquisition Until land to which this clause applies is acquired by the Roads and Traffic Authority, development may be carried out on that land for any purpose with development consent, where the consent authority is satisfied that the development will not adversely affect the usefulness of the land for the purposes for which it has been reserved.

(3) (Repealed)

cl 32: Am 2008 (571), Sch 3.103 [5]–[7].

33 Foreshore building line

33 Foreshore building line

(1) The foreshore building line is shown on the Foreshore Building Line Map as an unbroken red line.

(2) Except as provided by subclause (3), a building must not be erected and a work must not be carried out on land between the foreshore building line and the mean high water mark.

(3) Consent may be granted for the erection of baths, swimming pools and enclosures, boatsheds, changing rooms, jetties and sea walls on land between the foreshore building line and the mean high water mark, but only if the consent authority is satisfied that the building or work will not detract from the scenic qualities of the locality when viewed from the water.

cl 33: Am 3.5.2002.

34 Foreshore access

34 Foreshore access

Consent must not be granted to development on land which could provide access to the foreshore and links to existing or proposed open spaces, unless the consent authority has taken into consideration the provision of that access.

35 Suspension of covenants, agreements and instruments

35 Suspension of covenants, agreements and instruments

(1) Any covenant, agreement or similar instrument which affects development allowed by the Plan does not apply to the extent necessary to allow the development.

(2) Nothing in subclause (1) affects the rights or interests of any public authority under any registered instrument.

(3) In accordance with section 28 of the Act, the Governor approved of subclauses (1) and (2) before the Plan was made.

36 Additional uses and controls for certain land

36 Additional uses and controls for certain land

Despite the other provisions of the Plan, certain sites, shown on the Zoning Map by the letters “SSP”, are subject to additional specific provisions as included in Schedule 1.

cl 36: Am 8.11.2002.

37 Classification and reclassification of public land as operational land

37 Classification and reclassification of public land as operational land

(1) The public land described in the Table to this clause is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.

(2) (Repealed)

Table

| Locality | Description | | Balmain | | | Elliott Street | Part of Paringa Reserve, being part of Lot E, DP 36161, as identified as “Reclassification Area” on Sheet 2 of the map marked “Leichhardt Local Environmental Plan 2000 Amendment No 18—Zoning Map” |

cl 37: Ins 3.5.2002. Am 2011 (635), Sch 1 [8].

38 Development on public roads

38 Development on public roads

(1) A person must not carry out development on a public road shown uncoloured on the Zoning Map, or part of such a road lawfully closed, without the development consent of the consent authority.

(2) The consent authority may grant its consent under subclause (1) only for a purpose that may be carried out either with or without development consent on land adjoining that road.

(3) Despite subclauses (1) and (2), the following development may be carried out without the consent of the consent authority on a public road shown uncoloured on the Zoning Map or part of such a road lawfully closed—

(a) Council development for the purposes of minor improvements to footpaths, such as landscaping and repaving, drainage, street resurfacing and the reconstruction of kerbs, footpaths, gutters and the like,

(b) exempt or complying development as described under clause 6,

(c) development for which approval has been granted under Part 1 of Chapter 7 of the Local Government Act 1993.

cl 38: Ins 2.4.2004.

39 Development on certain land at Rozelle

39 Development on certain land at Rozelle

(1) This clause applies to Lot 1, DP 540118, Lot 2, DP 234045 and Lot 3, Section D, DP 119, being 118, 120 and 124 Terry Street, Rozelle (the Terry Street site).

(2) Despite any other provision of this Plan, development consent may be granted to a single development application for development on land to which this clause applies that is both of the following—

(a) a proposal to develop the Terry Street site in its entirety,

(b) a proposal for development with a maximum floor space ratio of 1.5:1 for the purposes of commercial premises, light industries, refreshment rooms, residential development and shops.

(3) Development consent must not be granted under this clause unless the consent authority is satisfied that—

(a) a high standard of architectural and urban design appropriate to the building type and location will be achieved, with articulated height and massing providing an appropriate transition to the existing streetscape, and

(b) the total gross floor area of the part of the development that is used for the purposes of commercial premises, shops and refreshment rooms will not exceed 1,300 square metres, and

(c) the development will not exceed—

(i) if a building has a street frontage on Terry Street—3 storeys in height, or

(ii) in any other case—6 storeys in height, and

(d) the development will minimise overshadowing of neighbouring properties on Crystal Street, and

(e) the development will not significantly increase the amount of traffic on Terry Street, Wellington Street, Merton Street, Nelson Street or Victoria Road, Rozelle, and

(f) those parts of the development that are not residential development will not have a significant adverse impact on local commercial centres, and

(g) the development will provide and facilitate pedestrian and cycle access through the Terry Street site to Merton and Margaret Streets, and

(h) the development will incorporate environmentally sustainable design principles, and

(i) the development will include the necessary design and acoustic measures to ensure that light industries within the development, as well as any existing industrial uses on land surrounding the development, do not have a significant adverse impact on the amenity of future residents of the development, and

(j) light industries will only be located in buildings that have a street frontage on Crystal Street.

cl 39: Ins 2012 (675), Sch 1 [1].

40 Exceptions to development standards

40 Exceptions to development standards

(1) The objectives of this clause are as follows—

(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development,

(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

(2) Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

(3) Development consent must not be granted to development that contravenes a development standard unless the consent authority is satisfied the applicant for development consent has demonstrated that—

(a) compliance with the development standard is unreasonable or unnecessary in the circumstances, and

(b) there are sufficient environmental planning grounds to justify the contravention of the development standard.

Note—

The Environmental Planning and Assessment Regulation 2021 requires the development application to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).

(4) The consent authority must keep a record of its assessment carried out under subclause (3).

(5), (6) (Repealed)

(7) This clause does not allow development consent to be granted for development that would contravene any of the following—

(a) a development standard for complying development,

(b) a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated.

cl 40: Ins 2019 (659), Sch 1.16. Am 2023 (524), Sch 1.1[1].

41 Conversion of fire alarms

41 Conversion of fire alarms

(1) This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.

(2) The following development may be carried out, but only with development consent—

(a) converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,

(b) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,

(c) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.

(3) Development to which subclause (2) applies is complying development if it consists only of—

(a) internal alterations to a building, or

(b) internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.

(4) A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.

(5) In this clause—

private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems.

cl 41: Ins 2019 (659), Sch 2.16.

42 Standards that cannot be used to refuse consent—playing and performing music

42 Standards that cannot be used to refuse consent—playing and performing music

(1) The consent authority must not refuse consent to development in relation to licensed premises on the following grounds—

(a) the playing or performance of music, including the following—

(i) the genre of music played or performed, or

(ii) whether the music played or performed is live or amplified, or

(iii) whether the music played or performed is original music, or

(iv) the number of musicians or live entertainment acts playing or performing, or

(v) the type of instruments played,

(b) whether dancing occurs,

(c) the presence or use of a dance floor or another area ordinarily used for dancing,

(d) the direction in which a stage for players or performers faces,

(e) the decoration to be used, including, for example, mirror balls, or lighting used by players or performers.

(2) The consent authority must not refuse consent to development in relation to licensed premises on the grounds of noise caused by the playing or performance of music, if the consent authority is satisfied the noise may be managed and minimised to an acceptable level.

(3) In this clause—

licensed premises has the same meaning as in the Liquor Act 2007.

cl 42: Ins 2020 (724), Sch 3.

43 Public bushland

43 Public bushland

(1) The objective of this clause is to protect and ensure the ecological viability of bushland, including rehabilitated areas in urban areas, by—

(a) preserving biodiversity, habitat corridors and links between public bushland and other nearby bushland, and

(b) preserving bushland as a natural stabiliser of the soil surface, and

(c) preserving existing hydrological landforms, processes and functions, including natural drainage lines, watercourses, wetlands and foreshores, and

(d) preserving the recreational, educational, scientific, aesthetic, environmental, ecological and cultural values and potential of bushland, and

(e) mitigating disturbance caused by development.

(2) Development that will disturb, or is reasonably likely to disturb, public bushland is permitted with development consent.

(3) Development consent must not be granted to development that will disturb, or is reasonably likely to disturb, public bushland unless the consent authority is satisfied of the following—

(a) the disturbance of the bushland is essential for a purpose in the public interest,

(b) there is no reasonable alternative to the disturbance,

(c) the development minimises the amount of bushland to be disturbed,

(d) the development includes measures to remediate the disturbed bushland.

(4) Despite subclause (2), development that will disturb, or is reasonably likely to disturb, public bushland is permitted without development consent if the development is for the following purposes—

(a) the construction, operation or maintenance of pipelines to carry water, sewerage or gas or pipelines licensed under the Pipelines Act 1967,

(b) the construction, operation or maintenance of electricity or telecommunication lines,

(c) bush fire hazard reduction,

(d) the construction or maintenance of classified roads,

(e) facilitating the recreational use of the public bushland.

(5) Development specified in subclause (4)(e) is permitted without development consent only if it is carried out in accordance with a plan of management for the public bushland, adopted by the Council in the same way a plan of management is required to be adopted for community land under the Local Government Act 1993, Chapter 6, Part 2, Division 2, that includes measures for the following—

(a) the recreational use of the land,

(b) bush fire hazard reduction,

(c) the prevention of degradation, including the alteration of drainage patterns, rubbish dumping, vehicle intrusion and infestation with weeds or non-native plants,

(d) the remediation of degraded public bushland.

(6) This clause does not require development consent for clearing of native vegetation if the clearing is of a kind that is authorised under the Local Land Services Act 2013, section 60O.

(7) In deciding whether to grant development consent to development on land adjoining public bushland, the consent authority must consider the following—

(a) the need to retain public bushland adjoining the site of the development,

(b) the likely effect of the development on public bushland, including the following—

(i) the erosion of soil,

(ii) the siltation of streams and waterways,

(iii) the spread of weeds and non-native plants within public bushland,

(c) other matters the consent authority considers relevant to the protection and preservation of public bushland.

(8) This clause does not apply to the following land that is public bushland—

(a) land in Zone RU1, RU2, RU3, RU4 or RU5,

(b) land reserved, dedicated or acquired under the National Parks and Wildlife Act 1974,

(c) land within a State forest, flora reserve or timber reserve within the meaning of the Forestry Act 2012,

(d) land to which State Environmental Planning Policy (Precincts—Western Parkland City) 2021, Chapter 7 applies.

(9) In this clause—

disturb public bushland means—

(a) remove vegetation from public bushland, or

(b) cause a change in the natural ecology of public bushland that results in the destruction or degradation of the public bushland.

non-native plant means a plant that is not native vegetation.

public bushland means land—

(a) on which there is vegetation that is—

(i) a remainder of the natural vegetation of the land, or

(ii) representative of the structure and floristics of the natural vegetation of the land, and

(b) that is owned, managed or reserved for open space or environmental conservation by the Council or a public authority.

cl 43: Ins 2022 (629), Sch 2[3].

44 Canal estate development prohibited

44 Canal estate development prohibited

(1) Canal estate development is prohibited on land to which this Plan applies.

(2) In this clause—

canal estate development has the same meaning as in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.

cl 44: Ins 2022 (629), Sch 2[4].

Schedule 1 Additional uses and controls for certain land

Schedule 1 Additional uses and controls for certain land

(Clause 36)

sch 1: Am 3.5.2002; 10.5.2002; 8.11.2002; 2005 (634), Sch 1 [1]; 2006 (549), Sch 1 [1]; 2007 (641), Sch 5.22 [5]; 2008 (402), Sch 1 [1]; 2011 (635), Sch 1 [9]; 2021 (716), Sch 1.12.

sch.1-sec Balmain Leagues Club Precinct site

Balmain Leagues Club Precinct site

(1) For the purposes of this Part—

building height (or height of building) means the vertical distance between ground level at any point to the highest point of the building, including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.

mixed use development means a building or place comprising 2 or more different land uses that are permissible in the Business Zone.

the site means the site comprising all of the following land—

(a) 138–152 Victoria Road, Rozelle (being Lot 1, DP 528045),

(b) 154–156 Victoria Road, Rozelle (being Lot 1, DP 109047),

(c) 697 Darling Street, Rozelle (being Lot 104, DP 733658),

(d) 1–7 Waterloo Street, Rozelle (being Lots 101 and 102, DP 629133, Lots 37 and 38, DP 421 and Lot 36, DP 190866),

as shown edged heavy black and lettered “SSP” on the map marked “Leichhardt Local Environmental Plan 2000 (Amendment No 16)” deposited in the office of Leichhardt Municipal Council.

(2) Despite any other provision of this Plan (except clause 19 (6) and (7) or a provision of this Part), consent may be granted for mixed use development on the site, but only if, in the opinion of the Council, the following objectives are met—

(a) the development integrates suitable business, office, residential, retail and other uses so as to maximise public transport patronage and encourage walking and cycling,

(b) the development contributes to the vibrancy and prosperity of the Rozelle Commercial Centre with an active street life while maintaining residential amenity,

(c) the development is well designed with articulated height and massing providing a high quality transition to the existing streetscape,

(d) the traffic generated by the development does not have an unacceptable impact on pedestrian or motor vehicle traffic on Darling Street, Waterloo Street and Victoria Road, Rozelle,

(e) any residential development at street level has a frontage to Waterloo Street, Rozelle and, when viewed from the street, has the appearance of no more than three storeys.

(3) A consent under subclause (2) must not be granted if the application for the development does not apply to the whole of the site.

(4) A consent under subclause (2) must not be granted if the development will result in any of the following—

(a) the floor space ratio for the site exceeds 3.9:1,

(b) the floor space ratio for all shops on the site exceeds 1.3:l,

(c) the floor space ratio for all commercial premises on the site exceeds 0.2:l,

(d) the floor space ratio for all clubs on the site exceeds 0.5:1,

(e) the floor space ratio for all residential development on the site exceeds 1.9:l,

(f) in relation to a building on the site that is less than 10 metres from Waterloo Street, Rozelle—the building height exceeds 12.5 metres above the existing road level,

(g) in relation to a building on the site that is less than 36 metres from Darling Street, Rozelle—the building height exceeds a reduced level of 52.0 metres relative to the Australian Height Datum or exceeds two storeys,

(h) a building height on the site exceeds a reduced level of 82.0 metres relative to the Australian Height Datum or exceeds twelve storeys.

Schedule 2 Heritage items

Schedule 2 Heritage items

(Clause 16, Schedule 3)

Note—

“SHR” denotes that the property is listed on the State Heritage Register.

Table

| Street/Suburb | Street Number | Type | Description | Location/ Additional Information | Level of Significance | | Adolphus Street, Balmain | 3–33 | Built | Dwellings | | Local | | Ainsworth Street, Leichhardt | 23 | Built | Grenfell Cottage | | Local | | Albert Street, Leichhardt | | Landscape | Street trees—Avenue of Brush Box | | Local | | Alexander Street, Balmain | 3–5 | Built | Semi-detached dwellings | | Local | | Allen Street, Leichhardt | 68 | Built | Congregational Church and Hall | | Regional | | | | Landscape | Street trees—Avenue of Brush Box | Planted in carriageway | Local | | Ann Street, Balmain | 27 | Built | Cottage | | Local | | Annandale Street, Annandale | 33 | Built | Substation | | Regional | | | 181 | Built | House | | Local | | | 216 | Built | Former shop and residence | NW cnr Wisdom Street | Local | | | 291–293 | Built | Craiglea, shop and residence | NE cnr Rose Street | Local | | | 302 | Built | House | SW cnr Gray Street Playground | Local | | | 342 | Built | House | | Local | | | 349 | Built | Shop and residence | NE cnr Kentville Avenue | Local | | | | Landscape | Street trees | Planted in carriageway | Local | | Arcadia Road, Glebe | | Landscape | Street trees | | Local | | | 7 | Built | Oudenard | | Local | | Arundel Street, Glebe | | Other | Stone retaining wall and steps, iron handle and fence and sandstone kerb on north side | | State | | | | Landscape | Street trees—Row of Eucalyptus sp | N side | Local | | Avenue Road, Glebe | 2 | Built | Toxteth Park, St Scholastica’s Convent | NW cnr Arcadia Road | State | | | 4 | Built | Wych Wood | | Regional | | | | Landscape | Street trees—Row of Brush Box | Planted in carriageway | Local | | Ballast Point Road | 1 | Built | Lerna | N cnr Ronald Street | Regional | | | 25–27 | Built | Tyne Villas | | Regional | | | 29 | Built | House | | Local | | | 35–47 | Built | Ellerslie Terrace | | Regional | | | 46–56 | Built | Yeroulbin Terrace | Between Dock and Bates Streets | Regional | | | 67 | Built | House | | Local | | | 73 | Built | Clifton Villa | | State | | | | Landscape | Trees and Reserve | Closed section of Ronald Street | Local | | Balmain Road, Leichhardt | SRA site | Built | SRA Stores Branch Building, former Tram Depot Office, Tramshed, Cable Store | | State | | | 243 | Built | Rutherford | | Local | | Balmain Road, Rozelle | 393–405 | Built | Stepped Terrace House (row) | Between The Boulevard and Carrington Street | Local | | Barr Street, Balmain | | Landscape | Street trees—Row of Phoenix Canariensis Palms | Centre planting | Local | | Bay Street, Glebe | 63–65 | Built | Australian Youth Hostel | N cnr Glebe Street | Regional | | Bayview Crescent, Annandale | | Other | Iron Palisade fence | N side of street | Local | | | | Landscape | Street trees—Row of Brush Box | Planted in carriageway | Local | | Beattie Street, Balmain | 88 | Built | Two storey shopfront buildings | | Local | | | 91–99 | Built | Row of houses and shopfronts | | Regional | | | 94 | Built | Exchange Hotel | SW cnr Mullens Street | State | | | 141 | Built | Former Mertonville Hotel | S cnr Lawson Street | Local | | | 147, 149, 151 | Built | Two storey timber terraces, c 1870 | | Local | | | 186, 188 | Built | Two corner buildings | E cnr Slade Street | Local | | | | Landscape | Anne Cashman Reserve | Cnr Elliot Street | Local | | Beeson Street, Leichhardt | 18, 20 | Built | Houses | Last two S side | Local | | Belmore Street, Rozelle | 1–9 | Built | Alice Terrace | | Local | | | 22 | Built | Corner Building | N cnr Whitcombe Street | Local | | Bicentennial Park, Rozelle Bay | | Built | Railway Viaduct | | SHR | | | | Built | Bowstring Bridge | | State | | | | Built | Substation No SPS 4 | | Local | | | | Built | Allen Truss Bridge (formerly known as Federal Road Bridge) | | State | | | | Landscape | Federal Park | | Regional | | | | Other | Johnston’s Creek | | Regional | | | | Landscape | Jubilee Park | | Local | | | | Landscape | Pope Paul VI Reserve | | Local | | | | Landscape | Avenue of Figs | Adjacent to former Tram sheds | Local | | Birchgrove Road, Balmain | 29 | Built | The Riverview Hotel | Cnr Birchgrove Road | Local | | | 33 | Built | Lorne Villa | | Local | | | 54 | Built | Lilywill | W cnr Glassop Street | Local | | | 66–68 | Built | Houses | | Local | | | 75 | Built | St Kilda | N cnr Cardwell Street | Local | | | 77 | Built | House | | Local | | | 79 | Built | Single terrace | | Local | | | | Built | Birchgrove Public School | | State | | | | Built | St John The Evangelist Anglican Church | NE cnr Spring Street | Local | | | | Archaeological | Birchgrove Colliery | Adj Birchgrove Public School | State | | Blake Street, Balmain | 1 | Built | Ewenton House including gatepost and fig trees | | SHR | | Booth Street, Annandale | 1 | Built | Former Melocco’s factory, showroom and offices | | State | | | 115 | Built | Post Office | Cnr Johnston Street | State | | Booth Street, Balmain | | Other | MBWS&S | West side of Gladstone Park | Local | | | 39–41 | Built | Stone House | | Local | | | | Built | Balmain Hospital | | Regional | | Booth Street, Camperdown | 21–37 | Built | Warehousing | (not Pyrmont Bridge Road) | Local | | Boyce Street, Glebe | 36 | Built | Montana | | Regional | | Birchgrove Park, Balmain | | Landscape | Birchgrove Park | | State/Local | | Brett Avenue, East Balmain | 1 | Built | Single storey marine villa (with attic), 1856–60 | | Local | | Bridge Road, Glebe | | | See Pyrmont Bridge Road | | | | Bridge Street, Balmain | 1 | Built | House | | Local | | Broadway | 213 | Built | Former Grace Bros, Model & Moxham Store | NW cnr Bay Street | State | | | 285 | Built | University Hall | Cnr Glebe Point Road, Glebe | State | | Broderick Street, Balmain | 2 | Built | House | | Local | | | 6 and 8 | Built | Semi-detached houses | | Local | | Broughton Street, Glebe | 2–24A | Built | Housing | | Local | | Burt Street, Rozelle | 15–17 | Built | Semi-detached two storey house | | Local | | | 56 | Built | Smith’s Hall | Cnr Denison and Alfred Streets | Local | | Cameron Street, Balmain | 31 | Built | Sir William Wallace Pub | NE cnr Short Street | Local | | | 36 | Built | Mrs Lawrence’s cnr Building | SE cnr Short Street | Local | | | 33–39 | Built | Neighbourhood Shops | NE cnr Gipps Street | Local | | Campbell Avenue, Leichhardt | | Landscape | Street trees—Avenue of Brush Box | Planted in carriageway | Local | | Campbell Lane, Balmain | 68–70 | Built | Formerly Kinsale group of houses | | Local | | Campbell Street, Balmain | 9–11 | Built | Presbyterian Church,Manse and Terrace | | Local | | | 20, 22 | Built | Single storey pair of stone houses | | Local | | | 33 | Built | House | | Regional | | | 34–36 | Built | Stone terrace houses | | Local | | | 72 | Built | House | | Local | | Cardigan Street, Glebe | | Other | Stone paving | Between Darling Street and Darling Lane | Local | | Carrington Street, Balmain | | Landscape | Street trees—various species | Centre plantation and verges | Local | | Catherine Street, Leichhardt | 8–16 | Built | Group of houses | | Local | | | 129–141 | Built | Thorby Buildings | Between Thorby and Styles Streets | Local | | | 214 | Built | Office and residence | | Local | | | 255 | Built | Lammer-Muir | | Local | | | | Landscape | Street trees—Row of Port Jackson Figs | | Local | | Charles Street, Balmain | 2, 4 | Built | Semi-detached houses | | Local | | | 6 | Built | Moorfield | | State | | Chester Street, Camperdown | | Other | Kerb and gutter | End of Guithen Street | Local | | Clayton Street, Balmain | 42, 44 | Built | Single storey pair of semi-detached weatherboard houses | | Local | | Clifton Street, Balmain | 14 | Built | House | | Local | | Coleridge Street, Leichhardt | 1 | Built | Single storey stuccoed brick house, c 1870 | | Local | | Colgate Avenue, Balmain | 1 | Built | Two storey stone house (with upper floor half attic) | | Local | | | 5–13 | Built | Concertina terraces | Cnr St John Street | Regional | | | 22–23 | Built | Colgate Palmolive buildings | | Regional | | College Street, Balmain | 36 | Built | Royal Oak Hotel | N cnr Curtis Road | Local | | | 90 | Built | Dry Dock Hotel | W cnr Cameron Street | Local | | Collins Street, Annandale | 11 | Built | House | NE cnr Johnston Lane | State | | | 13–15 | Built | Agincourt | NW cnr Johnston Lane | State | | | 21 | Built | Police Station | NW cnr Annandale Street | State | | | 34 | Built | St Brendan’s Parish Home | SE cnr Johnston Street | Local | | | 36 | Built | St Brendan’s Convent | SW cnr Johnston Street | Local | | Coulon Street, Rozelle | 5–17 | Built | Houses— streetscape | East side | Local | | | 21 | Built | House | Cnr Prosper Street | Local | | Cove Street, Balmain | 5–15 | Built | Terrace Houses | | Local | | Cowper Street, Glebe | 99–101 | Built | Housing | | Local | | | | Landscape | Street trees—various species | | Local | | Crescent Lane, Glebe | 2–8 | Built | Row of terrace houses | Buildings known as Cliff Terrace | Local | | Curtis Road, Balmain | 33–35 | Built | 2–3 houses, former corner shop | W cnr Thames Street | Local | | | 106 | Built | Former corner shop | SW cnr Short Street | Local | | | 113 | Built | Former shop and residence with original signs | | Local | | Darghan Street, Glebe | 57A | Built | Lyndhurst | | SHR | | Darling Street, Balmain | 10 | Built | The Shipwright’s Arms | SE cnr Weston Street | State | | | 12 | Built | Waterman’s College | SW cnr Weston Street | State | | | 21–31 | Built | Plym Terrace, 6 houses | | Regional | | | 26–28 | Built | Stone semi-detached houses | | Regional | | | 30–34 | Built | Three terrace houses | | Regional | | | 44–48 | Built | Terrace houses | | Local | | | 50 | Built | Cahermore | | Regional | | | | Built | Former Unity Hall Hotel | NW cnr Nicholson Street | Regional | | | 68 | Built | House | | Local | | | 74–80 | Built | Three terrace houses and corner building | | Regional | | | 86 | Built | Glentwood | | Local | | | 89 | Built | St Mary’s Anglican Church | | State | | | 90 | Built | House and shop | SW cnr Datchett Street | Local | | | 141–143 | Built | Small stone buildings | | Regional | | | 147–157 | Built | Buildings addressing street | | State | | | 165, 167 | Built | Single storey stone terraces, 1843 | Former shopfronts | Local | | | 177 | Built | Single storey stone house, 1844 | | Local | | | 179 | Built | Watch house | E cnr Colgate Avenue | State | | | 214 | Built | Former Volunteer Hotel | SW cnr Ann Street | Regional | | | 234 | Built | The London Hotel | SE cnr Jane Street | Regional | | | 236 | Built | Oddfellows Hall | SW cnr Jane Street | Regional | | | 238 | Built | Courtyard Café | | Regional | | | | Built/Landscape | St Andrew’s Congregational Church/Ficus sp | Cnr Curtis Road | State | | | 274 | Built | Westpac Bank | | Regional | | | 332 | Built | The Working Men’s Institute | | State | | | 368 | Built | Post Office, Courthouse, Police Station | | State | | | 363–377 | Built | The Loft | | Regional | | | 370 | Built | Town Hall | | State | | | 391 | Built | Fire Station | | State | | | 393 | Built | The Manor House Restaurant | | State | | | 449 | Built | House | | Regional | | | | Other | Post box | S side near cnr of Beattie Street | Local | | | | Other | War Memorial | Loyalty Square | Local | | | | Other | Curved stone street curb | NE cnr Beattie Street | Local | | Darling Street, East Balmain | 24 | Built | Single storey stone house, 1841–44 | | Local | | | 40, 42 | Built | Two storey pair of terraces | | Local | | | 53 | Built | Two storey stone shop and residence, 1850 | | Local | | | 55 | Built | Two storey stone shop and residence, 1856 | | Local | | | 62 | Built | Two storey stone commercial building, 1845 | Formerly house | Local | | | 63 | Built | Single storey stone terrace (with altered attic storey), 1844 | | Local | | | 65 | Built | Single storey stone terrace (with attic storey), 1847–53 | | Local | | | 67 | Built | Single storey weatherboard terrace (with attic storey), 1846–59 | | Local | | | 69, 71 | Built | Two storey stone and sandstock shop and residence, pre-1850 | | Local | | | 75, 77 | Built | Single storey pair of stone terraces, 1844 | | Local | | | 88 | Built | Two storey stone shop and residence, 1846–55 | | Local | | | 92, 94 | Built | Single storey pair of stone terraces (with attics), 1845 | | Local | | | 100 | Built | Single storey weatherboard house, 1836–44 | | Local | | | 122 | Built | Single storey stone house, 1846 | | Local | | Darling Street, Glebe | 53–77 | Built | Public Housing | | Regional | | | 50–70a | Built | Public Housing | (includes 62–92 Bridge Road) | Regional | | Darling Street, Rozelle | | Built | Rozelle Public School | To Wellington Street and Victoria Road | Regional | | | | Built | St Paul’s Church— Neighbourhood Centre | | State | | | | Built | St Thomas’ Church Group | | State | | | 608 | Built | Sandstone gabled church | Primitive Methodist Church | Local | | | 661 | Built | Bank | Formerly the Westpac Bank | Local | | | 678 | Built | York Buildings | | Regional | | | 707 | Built | Former Police Station | NW cnr Waterloo | Regional | | | 731, 735 | Built | Single storey Inter-War period shops | Cnr Cambridge Street | Local | | | 736 | Built | Single storey commercial building | | Local | | | 749 | Built | Fire Brigade/ Ambulance Training Centre | Cnr Park and Oxford Streets | Local | | | 757 | Built | House | | Local | | Datchett Street, Balmain | 12 | Built | Iver | | State | | | 20–22 | Built | Two houses | | Regional | | | | | Stone paving | | Local | | Datchett Street, East Balmain | 4 | Built | Single storey stone house, 1845–47 | | Local | | | 15, 17 | Built | Two storey pair of timber terraces, c 1870s | | Local | | Dennison Street, Rozelle | 67–69 | Built | Corner store | S cnr Cheltenham | Local | | | 73 | Built | Rotherhithe Cottage | | Local | | Derby Place, Glebe | | Landscape | Street trees—Avenue of Camphor Laurels | | Local | | Derbyshire Road, Leichhardt | 25 | Built | SRA Tramshed | | State | | | | Landscape | Street tree—Moreton Bay Fig | | Local | | Derwent Street, Glebe | 7 | Built | Glebe Primary School and Anzac Memorial | | Local | | | | Landscape | Street trees—Row of Ficus Hillii | | Local | | Donnelly Street, Balmain | | Landscape | White Bay Park | | Local | | Duke Place, Balmain | 2 | Built | Linford Lodge | | State | | | 8–10 | Built | Semi-detached houses | | Local | | | 9 | Built | House | | Regional | | Duke Place, East Balmain | 5 | Built | Two storey stone waterfront house, 1846 | | Local | | Duke Street, Balmain | 1–3 | Built | Harold Place | | Regional | | | 5–15 | Built | Richmond Terrace | | Regional | | | 33 | Built | Clarenook | SE cnr Duke Place | Regional | | | | Landscape | Street trees—Row of Ficus Hillii | W side | Local | | Duke Street, East Balmain | 2 | Built | Single storey timber and stone house, c 1841–49 | | Local | | Eaton Street, Balmain | | Built | Balmain Public School | Darvall Street | Regional | | | | Built | Fr Michael Rowan School | Jane Street | Regional | | | | Built | St Augustine of Hippo Church | | State | | | | Built | St Augustine’s Chapel | (for Presbytery, see Jane Street) | State | | Edward Street, Balmain | 7–17 | Built | Harbourview Terrace | | Local | | Elliot Street, Balmain | 96 | Built | Braeside | S cnr Broderick | Local | | | | Landscape | Street tree—Ficus macrophylla | | Local | | | | Landscape | Street trees—Two Moreton Bay Figs | Glassop Street | Local | | Elswick Street, Leichhardt | 15 | Built | Corner shop | | Local | | | 171 | Built | Elswick | | Local | | Emily Street, Leichhardt | 22–32 | Built | Row of houses | | Local | | Emma Street, Leichhardt | 42 | Built | Shop and residence | W cnr Hill Street | Local | | Eric Street, Lilyfield | | Landscape | Street trees—Avenue of Brush Box and one Brachychiton | Also Rayner Street and Lilyfield Road | Local | | Evans Street, Balmain | 8 and 10 | Built | Corner building | Cnr Roseberry Street | Local | | Evans Street, Rozelle | 60–62 | Built | Two brick buildings | S cnr Goodsir Street | Local | | | 75–79 | Built | Stone buildings | S cnr Bruce Street | Local | | | 94 | Built | Two storey cnr building | S cnr Mansfield Street | Local | | | 101–103 | Built | Two brick terraces | N cnr Merton Street | Local | | | 206 | Built | House | | Local | | Ewenton Park, Balmain | | Landscape | Ewenton Park | Includes two fig trees | Local | | Ewenton Street, Balmain | 3 | Built | Kinvarra | S cnr Wallace Street | State | | | 10 | Built | Shannon Grove | | Local | | Fawcett Street, Balmain | 14 | Built | Bayview | | Local | | Ferris Street, Annandale | 57–63 | Built | Row of houses | | Local | | | 65–71 | Built | Row of houses | | Local | | Ferry Road, Glebe | 24 | Built | Rothwell Lodge | | SHR | | | 61 | Built | Mareton | | Local | | Fitzroy Avenue, Balmain | 2–12 | Built | Terrace houses | S cnr Punch Street | Regional | | Flood Street, Leichhardt | 212 | Built | Corner shop | SW cnr Allen Street | Regional | | Forsyth Street, Glebe | 47–53 | Built | Council depot, incinerator and stone structure | | Regional | | Foster Street, Leichhardt | 22 | Built | Former House in Lambert Park | Now a childcare centre | Regional | | Foucart Street, Rozelle | 84 | Built | Broom factory | | Local | | | 122 | Built | Cottages | | Local | | Franklyn Street, Glebe | | Landscape | Minogue Reserve | NW cnr Francis Street | Local | | Fred Street, Rozelle | 8 | Built | Timber cottage | | Local | | Fredbert Street, Leichhardt | | Landscape | Street trees—Row of three Camphor Laurels | Centre planting | Local | | Gallimore Avenue, Balmain | | Other | Retaining wall, steps and fence | | Local | | Gilchrist Place, Balmain | 4 | Built | House | | Regional | | Gladstone Street, Balmain | 2–4 | Built | Two small semi-detached cottages | | Local | | Gladstone Park, Balmain | | Landscape/ Built | Park, including reservoir | | Regional | | Glassop Street, Balmain | 6 | Built | House | | Local | | | 41–43 | Built | Terraces | | Local | | | 44–54 | Built | Terraces | | Local | | | | Built | Dawn Fraser Swimming Pool | Located adjacent to Elkington Park and includes pool and associated structures | SHR | | | | Landscape | Elkington Park | Cnr White Street | Regional | | Glebe Street, Glebe | 21–23 | Built | Terraces | | Local | | | 27–29 | Built | Terraces | | Local | | | 39–41 | Built | Terrace houses | | Local | | | 43 | Built | Fernville | | State | | Glebe Island | | Other | Glebe Island Bridge—c 1901 pivoting bridge | Including abutment | State | | Glebe Point Road, Glebe | | Other | Commemorative fountain | Cnr Parramatta Road, Broadway | Local | | | 11, 13 and 13a | Built | Shops | | Local | | | 14, 14a | Built | Shops and residence | | Local | | | 20 | Built | Montrose | Doctor’s surgery | Local | | | 22 | Built | Rengaya restaurant | | Local | | | 24 | Built | Two storey residence | | Local | | | 27, 29 | Built | Two storey stone terraces | | Local | | | 33 | Built | Shop | | Local | | | 36 | Built | Two storey residence | Glebe Terrace Restaurant, E cnr Derby Place | Local | | | 37 | Built | Former Glebe Hotel | E cnr Frances Street | Local | | | 39–53 | Built | Shops and residences | | Local | | | 57–73 | Built | Shops and residences | | Local | | | 58–60 | Built | Two storey residences | | Local | | | 62 | Built | Former Raiths Bakery | | Local | | | 64–66 | Built | Two storey residences | | Local | | | 72–82 | Built | Shops and residences | | Local | | | 77–79 | Built | Single storey residences | | Local | | | 84 | Built | Two storey building | Theatre | Local | | | 85–99 | Built | Shops and residences | | Local | | | 86–88 | Built | Two storey residences | | Local | | | 90 | Built | Former Currency Lass Hotel | | Local | | | 92–94 | Built | Two and three storey residences | Cnr Mitchell Street | Local | | | 100 | Built | Alishan Guest House | | Local | | | 101–103 | Built | Shops and residences | | Local | | | 112–112a | Built | Shops and residences | | Local | | | 113–123 | Built | Shops and residences | | Local | | | 125–129 | Built | Two storey residences | | Local | | | 118–134 | Built | Houses | No 128—Calmar | Local | | | 138a | Built | St John’s Church, Bishopsthorpe | | Local | | | 140 | Built | Glebe War Memorial | In Foley Park SW cnr Bridge Road | Local | | | 142–144 | Built | Two storey shops | Cnr Bridge Road(includes 144A, 144B and 144C—Swiss cottages) | Regional | | | 150–158 | Built | Cottages | | Local | | | 151 | Built | Former Hand and Heart Hotel | | Local | | | 153–181 | Built | Two storey shops | | Local | | | 160–160b | Built | Two storey terraces | | Local | | | 166d | Built | Valhalla Cinema and shops | Cnr Hereford Street | Local | | | 168–182 | Built | Two storey terraces | | Local | | | 181a | Built | Glebe Post Office | NE cnr St John’s Road | State | | | 183–185 | Built | Two storey shops | NW cnr St John’s Road | Local | | | 184 | Built | Formerly St Helens | Community Care Centre | Local | | | 186 | Built | Homeopathic Hospital | Rear Building | Local | | | 198–214 | Built | Two storey residences | | Local | | | 207–209 | Built | Two storey residences | Thai Intra Restaurant | Local | | | 216–224 | Built | Doctors houses | | Local | | | 225 | Built | Ancient Briton Hotel | NW cnr Bridge Road | Local | | | 226–228 | Built | Edith Villas | | Local | | | 232, 232b–d | Built | Two storey houses and flats | | Local | | | 232A | Built | Mayfair Flats | | Local | | | 234 | Built | Engadine Court | | State | | | 236–260 | Built | Residences | N cnr Park Avenue | State | | | 251–255 | Built | Shops and residences | | Local | | | 257–287 | Built | Two storey dwellings | | Local | | | 266 | Built | Monteith | | SHR | | | 270–272 | Built | Two storey houses | | Local | | | 278–312 | Built | Residences | 288—Lymington N cnr Eglinton | Local | | | 321–327 | Built | Shops and residences | | Local | | | 329–331 | Built | House | | Local | | | 343–345 | Built | Toxteth Hotel | Cnr Ferry Road | Local | | | 357 | Built | Bidura | | State | | | 359–361 | Built | Pair of Victorian terraces | | Local | | | 363–381 | Built | Shops and residences | | Local | | | 383–389 | Built | Two storey residences | | Local | | | 397–399 | Built | Single storey houses | | Local | | | 401–405 | Built | Two storey residences | | Local | | | 425–429 | Built | Two storey terrace houses | | Local | | | 431 | Built | Factory | | Local | | | 433–445 | Built | Terraces and corner house | | State | | | | Landscape | Foley Park | Cnr Bridge Road | Local | | | | Landscape | Avenue plantings of poplars various locations | | Local | | Gordon Street, Rozelle | | Built | St Joseph’s School | Cnr Quirk and Maney Streets and Victoria Road | Regional | | Grafton Street, Balmain | 12B | Built | Hampton Villa | | Regional | | Grove Street, Balmain | 17 | Built | Former cnr shop | SE cnr Cameron Street | Local | | | 22 | Built | House | | Regional | | | 37–53 | Built | 8 terrace houses and corner building | Bt. Bat and Cover Streets | Regional | | | | Landscape | Birchgrove Park | | State/Local | | Hancock Street, Rozelle | 10 | Built | Former tramway workshop | | State/Local | | Harold Park, Glebe | | Built | Tram sheds | | Local | | Henry Street, Leichhardt | | Landscape | Street trees—Row of Brush box and one Ficus Hillii | Planted in carriageway | Local | | Hereford Street, Glebe | 2a, 2b | Built | Rosebank, Victoria and Alice Lamkin Welfare Centre | | Local | | | 45 | Built | Kinvarra | | Local | | | 53 | Built | Hereford House | | Local | | | 55 | Built | Kerribee NSW College of Nursing | Cnr Walsh Street | Regional | | | 75 | Built | House | | Local | | | 117 | Built | Cottage | | Local | | Hill Street, Leichhardt | 90 | Built | House, former cnr shop | SE cnr McKenzie Street | Local | | Hornsey Street, Rozelle | 42 | Built | Hornsey House | | Local | | Hosking Avenue, Balmain | | Landscape | Street trees—Norfolk Island Pine, Arcaria heterophylla | | Local | | Hubert Street, Leichhardt | 2 | Built | General Store | NW cnr William Street | Local | | Hutchinson Street, Annandale | 1 | Built | Substation— Sydney Water | | Local | | Hyam Street, Balmain | | Landscape | Street trees—Row of Brush Box | | Local | | Isobel Street, Balmain | | Landscape | Street trees—Row of Phoenix Canariensis | Centre plantation | Local | | James Lane, East Balmain | 1, 3 | Built | Single storey pair of weatherboard semi-detached houses (with later additions), 1854 | | Local | | | 5 | Built | Single storey brick house | | Local | | James Street, Leichhardt | 134–136 | Built | Two adjacent stone houses | | Local | | Jane Street, Balmain | 2–6 | Built | Victorian sandstone terraces | | Local | | | 8–10 | Built | Terraces | | Local | | | 11, 13 | Built | Rosebank and Cairngorm | | Local | | | 12 | Built | Victorian Gothic convent building | | State | | | 14–16 | Built | St Augustines Presbytery | | State | | Johnston’s Creek, Annandale | | Other | Bridge at Parramatta Road | | Local | | Johnston Street, Annandale | 1 | Built | House | | Local | | | 7 | Built | House | SE cnr Albion Street | Local | | | 25 | Built | Gates of Annandale House | | Local | | | 25–31 | Built | Annandale Public School | | State | | | 33 | Built | Norton House | | Local | | | 35, 39, 41 | Built | Residential group | | State | | | 36 | Built | House | | Local | | | 38–40 | Built | Attached houses | | Local | | | 46 | Built | Wallscourt | | Local | | | 79 | Built | Community Centre— former Council Chambers | | Local | | | 81a | Built | Annandale Uniting Church and Victory Hall | | State | | | | Built | St Brendan’s Church | SE cnr Collins Street | Regional | | | | Built | Hunter-Baillie Memorial Church | NW cnr Collins Street | State | | | 84 | Built | House | | Local | | | 86 | Built | Flats | | Local | | | 99–103 | Built | The Colonnade | | Local | | | 132–134 | Built | Italianate villas | | Local | | | 182 | Built | Substation | | Local | | | 198–212 | Built | North Annandale Public School | | State | | | | Other | Sandstone retaining wall and steps | Across Rose Street, E side of Johnston Street | Local | | | 250–272 | Built | Wall and gateways | | Regional | | | 260 | Built | Kenilworth (also known as Highroyd) | | State | | | 264 | Built | Hockington | | State | | | 266 | Built | Ratho | | State | | | 270 | Built | Oybin | | State | | | 272 | Built | The Abbey | | State | | | | Landscape | Street Trees—Brush Box | | Local | | Johnston Street, Balmain | 12 | Built | Onkaparinga | | Regional | | | 13 | Built | Captain Tinley’s House | (Excluding the rear lot) | Regional | | | 19 | Built | Canterbury Cottage | | Regional | | Johnston Street, East Balmain | 6, 8 | Built | Single storey pair of stuccoed brick semi-detached houses, 1840s | | Local | | | 11 | Built | Single storey stone house (with modern attic), 1841–43 | Formerly commercial building | Local | | Leichhardt Street, Glebe | 6 | Built | Margaretta Cottage | | Regional | | | 17–19 | Built | House | | Regional | | | 49 | Built | Florence Villa | | Regional | | | 51b | Built | Drayton Lodge | | Regional | | | 53 | Built | The Retreat | | State | | | 55 | Built | Bellevue | | SHR | | | | Landscape | Blackwattle Bay Park | Includes Strides yard | Regional | | | 49–53 | Archaeological | Strides yard—crane | | Local | | Leichhardt Street, Leichhardt | 45 | Built | Fernleigh | | Local | | Leys Avenue, Leichhardt | | Landscape | Street trees—Brush Box plantation | Planted in carriageway | Local | | Lilyfield Road | | Landscape | Street trees—Avenue of Brush Box and one Brachychiton | Also Rayner and Eric Streets | Local | | | | Landscape | Easton Park | Cnr Burt and Denison Streets | Local | | Little Edward Street, East Balmain | 2, 4, 6, 8 | Built | Two storey stone terrace row, 1844 | | Local | | Little Stephen Street, Balmain | | Other | Stone drain abutting 52 Palmer Street | | Local | | Llewellyn Street, Balmain | 27a | Built | Lodge Hall | | Local | | | | Landscape | Street trees—Brush Box and Ficus Hillii sp | | Local | | Lookes Avenue, East Balmain | 1, 3, 5 | Built | Two storey stucco terrace row, 1867 | | Local | | | 2, 4 | Built | Single storey pair of semi-detached brick houses (with modern attics and additions) | | Local | | | 9 | Built | Two storey stone marine villa (with attic), c 1850 | Cnr Gallimore Avenue | Local | | | 13 | Built | Remnant of single storey pair of semi-detached houses (with attic), 1844 | | Local | | | 15 | Built | Two storey stone house, 1844 | Formerly Joseph Looke’s house | Local | | Lords Road, Leichhardt | 6–12 | Built | Streetscape group | Includes 59–71, 77–79 Upward Street | Local | | Louisa Road, Balmain | 14 | Built | Leopoldville | | Local | | | 24 | Built | Logan-Brae | | Local | | | 44 | Built | The Anchorage | | Local | | | 65–67 | Built | Former site of Birchgrove House | Includes sandstone rubble wall | Local | | | 76 | Built | Douglas | | Regional | | | 85 | Built | Geierstein | | Local | | | 115 | Built | Carlowrie | | Local | | | 144 | Aboriginal | Raywell | | SHR | | | | Landscape | Yurulbin Park | | Regional | | | | Archaeological | Sydney Harbour Tunnel— Greenwich to Balmain | Cnr Numa Street | State | | Mackenzie Street, Rozelle | 5–19 | Built | Terraces | | Local | | | 21 | Built | Former shop | | Local | | Macquarie Terrace, Balmain | | Other | Rowntree Memorial | | Local | | | | Landscape | Street trees—Brush Box and Palms | Centre Plantation | Local | | Mansfield Street, Glebe | 13 | Built | Tranby | | SHR | | | 27 | Built | Emslee | | Regional | | Mansfield Street, Rozelle | 17 | Built | Bald Rock Hotel | NE cnr Rumsey Street | Local | | | 31 | Built | Corner Building | NW cnr Smith Street | Local | | | 76–80 | Built | Corner shop and terraces | | Local | | Margaret Street, Rozelle | 2 | Built | Balmain Power Station site—(a) two storey stucco building, and(b) single storey brick industrial building. | Formerly—(a) administration building, and(b) pump station. | State | | Marion Street, Leichhardt | | Built | Leichhardt Public School | SE cnr Norton Street | State | | | | Built | Fire Station | NW cnr Balmain Road | State | | | 2 | Built | Former Presbyterian Church | Between Renwick and Norton Streets | Local | | | 6–8 | Built | Semi-detached houses | | Local | | | 82–84 | Built | Semi-detached houses | | Local | | | 90–92 | Built | Semi-detached houses | | Local | | Marlborough Street, Leichhardt | 43 | Built | Corner shop and residence | | Local | | Mary Street, Leichhardt | | Landscape | Four Fig Trees at entrance to Leichhardt Park | | Local | | | | Landscape | Street tree—one Ficus Hillii | At Perry Street | Regional | | Minogue Crescent, Glebe | | Landscape | | Open space along Minogue Crescent, including the Lewis Hoad Reserve | Local | | Montague Street, Balmain | 6 | Built | Civic buildings | | Local | | | 8 | Built | Civic buildings | | Local | | | 19 | Built | Central Methodist Mission | | Local | | | 28 | Built | Balmain Co-op Society Ltd | NE cnr Llewellyn Lane | Regional | | Moore Street, Leichhardt | 77 | Built | Shop and residence | | Local | | | 111 | Built | Factory | | Local | | Mort Street, Balmain | 36 | Built | Hall | Former Ships Painters and Dockers Union Hall | Local | | | 91–97 | Built | Formerly the Star Hotel | | Local | | | 101 | Built | Formerly the Forth and Clyde Hotel | | Regional | | | 107, 109 | Other | Sandstone retaining wall and drainage culvert | Cnr Thames Street | Local | | Mt Vernon Street, Glebe | | Landscape | Street trees—Avenue of Poplars | | Local | | | | Landscape | Street trees—Two mature Moreton Bay Figs | Cnr Catherine Street | Local | | Nicholson Street, Balmain | 14 | Built | Araluen later Dellwood | | State | | | | Built | Nicholson Street Public School | Cnr School Street | State | | | 19 | Built | Townhouses | | Regional | | | 34 | Built | Mort Bay House | Access from Nicholson Street | Local | | | 37 | Built | Waterview Workshops, former Adelaide Steamship Company building | | SHR | | | | Landscape | Street tree—Ficus Macrophylla | End of Nicholson Street | Local | | Norton Street, Leichhardt | 124 | Built | Two storey brick house | Cnr Marion Street (formerly tramway terminus) | Local | | | 126 | Built | All Souls Church and Rectory | NW cnr Marion Street | Regional | | | | Built | Town Hall | NE cnr Marion Street | State | | | | Built | Former Post Office | NE cnr Wetherill Street | State | | | 156 | Built | Royal Hotel | SW cnr Carlisle Street | Local | | | | Landscape | Pioneers Memorial Park, former Balmain Cemetery | | Local | | Numa Street, Birchgrove | 7 | Aboriginal | Middens,rock shelters | | Local | | | 9 | Aboriginal | Middens,rock shelters | | Local | | Palmer Street, Balmain | 20 | Built | House | | Local | | | 36–38 | Built | Houses | | Local | | | 46 | Built | House | | Local | | | 48 | Built | House | | Local | | | 50 | Built | House | | Local | | | 52 | Built | House and former shop | | Local | | | 54 | Built | Street walls | | Local | | | 56 | Built | Street walls | | Local | | | 60 | Built | House | | Local | | | 62 | Built | House | | Local | | | 64 | Built | House | | Local | | | 94–110 | Built | Terrace house row | | Local | | Paul Street, Balmain | 2–14 | Built | Eastcliff terraces | | Local | | | 3 | Built | House | | Regional | | | 5 | Built | House | | Regional | | Parramatta Road, Annandale | 105–119 | Built | Goodmans Buildings | NW Cnr Parramatta Road & Johnston Street— Includes 2–14 Johnston Street | State | | Parramatta Road, Camperdown | 210 | Built | Former Police Station | | Local | | Parramatta Road, Glebe | 281–285 | Built | University Hall | Cnr Glebe Point Road, Glebe | State | | Parramatta Road, Leichhardt | 289 | Built | Albert Palais—dance hall | | Local | | | 345 | Built | Bald Faced Stag Hotel | E cnr Balmain Road | Local | | | 393 | Built | The Norton Hotel | Formerly the Imperial Hotel | Local | | | 463 | Built | The Taverner’s Hill Hotel | W cnr Rofe Street, formerly the Elswick Hotel | Local | | Paul Street, East Balmain | 13 | Built | Single storey stone house, 1842–44 | | Local | | | 15, 17, 19 | Built | Two storey stucco terrace row, 1885 | | Local | | Peacock Point, Balmain | | Landscape | Illoura Reserve | | State | | Pearson Street, Balmain | 4 | Built | House | | Local | | | 11 | Built | Hillside House, Eastcliff, the Captain’s Cottage | | Regional | | | 24 and 24A | Built | Houses | Formerly known as Rothsay | Local | | Perry Street, Lilyfield | 47 | Built | House | E cnr Campbell | Local | | Phillip Street, Balmain | | Built | Corner buildings | E cnr Spring Street | Local | | Piper Street, Annandale | | Other | MWS&DB aqueduct | Crosses Annandale— includes all sections between Johnstons Creek and Whites Creek | State | | | | Other | War Memorial | Hinsby Reserve | Local | | | | Landscape | Hinsby Reserve | Centre Plantation | Local | | Pyrmont Bridge Road, Camperdown | 52–54 | Built | Warehouse | NW cnr Booth Street | Local | | Pyrmont Bridge Road, Glebe | 22 | Built | Greens Woolstore | Near cnr Darling Street | Local | | | 82–96 | Built | Public housing | See also 50–70a, 53–77 Darling Street Glebe | Local | | | 154 | Built | The Hermitage | | State | | | 156 | Built | Hamilton | | State | | | 158 | Built | Abbey Restaurant | | State | | | 160 | Built | Reussdale | | SHR | | | 175 | Built | Cottage | | Local | | | 223a–229 | Built | Victorian houses | | Local | | | 231 | Built | Forest Lodge Public School | | Local | | | 233 | Built | Briarbank | | State | | | 272–280 | Built | Terrace | | Local | | Queen Street, Glebe | 46–48 | Built | Terraces | | Local | | Queens Place, Balmain | 1 | Built | Former Post Office | Cnr Waterview Street | Regional | | | 5–9 | Built | Three terrace houses | | State | | Quirk Street, Rozelle | 15 | Built | Large house | NW cnr Graham Street | Local | | Railway Parade, Annandale | | Built | Substation SPS 5 | At Hutchinson Street | Local | | | | Landscape | Street trees—Row of Palms | Adjacent to Whites Creek | Local | | | | Landscape | Avenue of Phoenix Canariensis | | Local | | Rayner Street, Lilyfield | | Landscape | Street trees—Avenue of Brush Box and one Brachychiton | Also Lilyfield Road and Eric Street | Local | | Redlion Street, Rozelle | 4–12 | Built | Mary Terrace | | Local | | Reynolds Avenue, Balmain | 1–7 | Built | Semi-detached cottages | | State | | Reynolds Street, Balmain | 69, 71–79 | Built | Semi-detached cottages | | State | | | 100–104 | Built | Former Unilever Administration building | Between Hyam and Foy Streets | State | | | | Landscape | Street trees—Row of Brush Box | | Local | | Rose Street, Birchgrove | 2–8 | Built | Semi-detached cottages | | Local | | Roseberry Street, Balmain | 5–7 | Built | Unilever Oil Mill group of buildings | Includes The Copra Store, The Oil Mill Building, The Engineers Store, The Electricians Shop and The Vim Building | State | | Ross Street, Glebe | 1 | Built | Warehouse | | Local | | Rowntree Street, Balmain | 40 | Built | House | | Regional | | | 45 | Built | Shop building | Cnr of Curtis Road, former shop and residence, now Dental Surgery | Local | | | 127–135 | Built | Neighbourhood shops | SE cnr Cameron Street— includes the former Waterview Hotel | Local | | | 137 | Built | Shop and residence | NE cnr Cameron Street | Local | | | 165 | Built | Corner shop | NE cnr Bay Street | Local | | | 177–211 | Built | Row housing | | Regional | | | 235 | Built | House | | Local | | Rozelle Hospital, Callan Point | | Aboriginal | Middens, rock shelters, occupation sites | | SHR | | | | Archaeological | European relief rock carvings | | SHR | | | | Landscape | Indigenous vegetation | | SHR | | Rozelle Hospital, Rozelle | | Built | Rivendell | Former Broughton Hall | SHR | | | | Built | Former Gary Owen House | Writer’s centre | SHR | | | | Built | Kirkbride Block | College of the Arts | SHR | | | | Built | The Lodge | Main entrance gates Balmain Road | SHR | | | | Built | Wards 14, 14x and 15 | | SHR | | | | Built | Bonny View | Cottage | SHR | | | | Built | Rehabilitation and Industrial Therapy Unit | | SHR | | | | Built | Moodie Street Cottage | | SHR | | | | Built | Tree Tops | Residential Quarters | SHR | | | | Built | Recreation Activities Building 92A | Bayview Complex | SHR | | | | Archaeological | Rock carvings | Bayview Complex | SHR | | | | Landscape | Hospital grounds | | SHR | | Ryan Street, Leichhardt | 60–62 | Built | Kay’s Corner | E cnr of lane | Local | | School Street, Balmain | 2 | Built | Kaikoura | Cnr Gallimore Avenue | Regional | | Short Street, Leichhardt | 1 | Built | Leichhardt Hotel | N cnr Balmain Road | Local | | Simmons Street, Balmain | | Landscape | Simmons Point Reserve | | Local | | Simmons Street, East Balmain | 13 | Built | Two storey Italianate waterfront mansion, 1884 | On Simmons Point | Local | | Smith Street, Balmain | 31–41 | Built | Terrace | | Local | | | 44 | Built | School | Formerly the Smith Street Public School | Local | | | 73 | Built | Providence | | Regional | | | 75 | Built | Flats | | Local | | Spring Street, Balmain | 2 | Built | Single storey weatherboard marine villa | Cnr Short Street | Local | | St Andrew Street, Balmain | 1 | Built | Two storey stucco terrace, c 1850 | | Local | | | 14 | Built | Two storey stone terrace, 1844 | | Local | | St John Street, Balmain | 3, 5 | Built | Two storey pair of stucco terraces, 1849–53 | | Local | | St Johns Road, Glebe | | Built | Police station | NE cnr Talfourd Street, also known as 1–3 Talfourd Street | State | | | | Built | Courthouse and stone cottage | NW cnr Talfourd Street | State | | | | Built | St John’s Bishopsthorpe | NW cnr Glebe Point Road | State | | | 73 | Built | Fire station | | Regional | | | 75 | Built | St John’s Village | | State | | | 132 | Built | St John’s Parish Hall | E cnr Derwent Street | State | | | 160 | Built | Glebe Town Hall, Chambers and residence | | State | | | 162–170 | Built | Nag’s Head Hotel and row of shops | | Regional | | | 189 | Built | Former Rehoboth Primitive Methodist Church and Hall | | Local | | | 204–206 | Built | Pair of shops | Cnr Ross St | Local | | | 242 | Built | House | | Local | | | | Other | Horse Trough | Cnr Glebe Point Road | Local | | St Marys Street, East Balmain | 14, 16 | Built | Two storey pair of stuccoed stone terraces (with upper floor half attic), 1864 | | Local | | | 18 | Built | Two storey weatherboard house (with upper floor half attic), c 1870 | Cnr Weston Street | Local | | Stack Street, Balmain | 7 | Built | Wood-Lee Villa | | State | | Stephen Street, Balmain | 4 | Built | Formerly The Pacific Hotel | SE cnr Gladstone Street | Local | | | 31–33 | Built | | | Local | | Tebbutt Street, Leichhardt | | Built | Kegworth Primary School | Between Lords Road and Kegworth Street | State | | Thames Street, Balmain | 4 | Built | Christian Bros High School | | Regional | | | 7–11 | Built | Three terrace houses | | Local | | | 13 | Built | Montrose | | Regional | | | 40 | Other | Sandstone retaining wall and drainage culvert | Cnr Mort Street | Local | | | | Built | Wharf | Mort Bay | State | | The Avenue, Annandale | 1 | Built | House | | Local | | | 3 | Built | House | | Local | | The Crescent, Annandale | | Other | Sandstone Retaining Wall | W side between Johnston and View Streets | Local | | Thomas Street, Balmain | 1 | Built | Glenarvon | | Regional | | Toxteth Road, Glebe | 2, 4 | Built | Ambleside and Wycombe | | Regional | | | 9 | Built | Toxteth Lodge | W cnr on Avenue Road | State | | | 19 | Built | Former Methodist Church and Hall (now childcare centre) | | Local | | | 40 | Built | The Scheibner Centre | W cnr Bell Street | Regional | | | | Landscape | Street trees—Avenue of Ficus Hillii and Plane Trees | Central and footpath planting | Local | | Trafalgar Street, Annandale | 39–41 | Built | Edwinville | | State | | | 43–47 | Built | Former Beales Piano Factory | Extends to Nelson Street | Local | | | 49 | Built | House | | Local | | | 55 | Built | Shop and residence | SE cnr Collins Street | Local | | | 233 | Built | Houses | | Local | | | 235 | Built | House | Known as Wrens Nest | Local | | | 245 | Built | House | | Local | | | 268 | Built | Shop and residence | NW cnr Rose Street | Local | | Trouton Street, Balmain | 1–7 | Built | Four terrace houses | | Local | | | 19 | Built | The Old Place (two storey sandstone house) | Known as Campbell Lane (off Campbell Street) (waterfront) | Local | | | 25, 27 | Built | Two storey pair of semi-detached stone houses (with corner shop) | Cnr Thames Street | Local | | Union Street, Balmain | 17 | Built | House | | Local | | | 18–20 | Built | Pair of semi-detached houses | | Local | | | | Other | Stepped walkway | | Local | | Upward Street, Leichhardt | 59–71 | Built | Houses— streetscape group | Includes 8–12 Lords Road | Local | | | 77–79 | Built | Houses— streetscape group | Includes 8–12 Lords Road | Local | | Victoria Road, Glebe | 2 | Built | Sze Yup Chinese Temple | | SHR | | Victoria Road, Rozelle | 46 | Built | Church | St Josephs Church | Local | | | 76 | Built | Former Tower of London Hotel | | Local | | | 114 | Built | Mechanics Institute | | Local | | | 128–132 | Built | York Buildings | SW cnr Darling Street | Regional | | Vincent Street, Balmain | 7 | Built | The Grange | W cnr Waite Avenue | Regional | | | 14 | Built | Ardenlea | | Local | | Wallace Street, Balmain | 1 | Built | House | | Local | | | 2 | Built | Puiri | | Local | | | 4 | Built | Clontarf | E cnr Adolphus Street | Local | | Waterview Street, Balmain | 3 | Built | Two storey stone house (with upper floor half attic), 1844 | | Local | | | 6 | Built | Single storey stone house, pre-1850 | | Local | | | 8 | Built | Single storey stone house, pre-1850 | | Local | | | 12 | Built | Two storey early weatherboard house, c 1850 | Set well back right-of-way | Local | | | 16–22 | Built | Timber houses | | Regional | | | 27 | Built | Single storey stone house, 1844–45 | | Local | | | 46 | Built | Balmoral House | | State | | | 47 | Built | Joldwen | NE cnr Caroline Street | Local | | | 49 | Built | Regimbah | | Regional | | | 70 | Built | Single storey marine villa (with attic and modern dormers), 1842–44 | | Local | | Wells Street, Balmain | 1–15 | Built | Yeend’s Terrace | | Regional | | | 2 | Built | House | | SHR | | Wentworth Park, Glebe | | Other | Railway Viaduct | | SHR | | | | Landscape | Parkland, excluding stadium | | Regional | | | | Landscape | Avenue of Morton Bay figs | | Regional | | Wentworth Park Road, Glebe | 62 | Built | Two-storey industrial building “Brelco” | | Local | | Westmoreland Street, Glebe | | Landscape | Street trees—Avenue of Ficus and Plantanus sp | | Local | | Weston Street, East Balmain | 2–8 | Built | Fenwick and Co boatshed | | SHR | | Wetherill Street, Leichhardt | 1a | Built | Methodist Central Hall | | Regional | | | 23–25 | Built | Pair of attached houses | | Local | | Wharf Road, Balmain | 7 | Built | | | Local | | | 7A | Built | (Boatshed only) | | Local | | | 8 | Built | Bremer House | E cnr Lemm Street | Local | | | 13, 13a | Built | House | | Local | | | 19 and 19A | Built | House and Stannard’s marina | | Local | | | 21 | Built | Normanton | | Local | | | 23 | Built | Maybank | | Local | | | 25, 25a, 25b | Built | Wyoming | | State | | | 31 | Built | | | Local | | | 33–35 | Built | Simla and Oneida | | State | | | 34–36 | Built | Exeter Villas later Lynworth and Glendon | | Local | | | 39 | Built | Ravenscourt | | Regional | | | 43 | Built | Clovernook | House, Artists Studio and Summer house | State | | | | Landscape | R.M. Brownlee Reserve | | Local | | Wharf Road, Birchgrove | 6 | Built | Single storey weatherboard house | | Local | | | 20 | Built | Single storey brick house | | Local | | | 22 | Built | Two storey stucco Italianate marine villa | | Local | | Wharf Road and Ronald Street, Birchgrove | | Built | Ballast Point (former Caltex Oil facility) | Thirty items of significance (comprising plant and equipment of the former Caltex Oil facility) as shown on Sheets 422–452 of the Leichhardt Inventory of Heritage Items, a copy of which is held at the office of the council. | State | | White Street, Balmain | 8 | Built | Bishopsthorpe | | Regional | | | 18 | Built | Tilba Tilba | | Local | | Wigram Road, Glebe | 11a, 15, 17 | Built | Minerva Terrace | | Local | | | | Landscape | Kirsova Playground | | Local | | William Street, Balmain | 4–6 | Built | Terrace houses | | Regional | | | 18 | Built | House | | Regional | | | 25–31 | Built | Semi-detached houses | | Local | | William Street, East Balmain | 10 | Built | Two storey stone waterfront house, c 1850 | | Local | | William Street, Leichhardt | 100–102 | Built | Semi-detached houses | | Local | | Woolley Street, Glebe | | Built | St James RC Church and Presbytery | | Local | | Wortley Street, Balmain | | Landscape | Punch Park | | Local | | York Place, Rozelle | 2–16 | Built | York Buildings | | Local | | York Street, Glebe | | Other | MWS and DB brick vent stack | | Regional | | Young Street, Annandale | 81 | Built | Shop and residence | | Local |

sch 2: Am 3.5.2002; 2.4.2004; 8.4.2004; 2005 (634), Sch 1 [2]; 2007 (348), Sch 1 [1] [2]; 2009 (90), Sch 1 [1]–[40]; 2009 No 56, Sch 2.32; 2011 (635), Sch 1 [10] [11].

Schedule 3 Glossary

Schedule 3 Glossary

(Clause 8)

Aboriginal site means a place with physical evidence of Aboriginal occupation or a place at which no such physical evidence remains but which the Aboriginal community has identified as being culturally important.

Adaptable housing unit has the same meaning as class B adaptable housing unit has in Australian Standard AS 4299—1995Adaptable housing.

Adaptation means modifying a building or place to suit proposed compatible uses.

Advertisement means a display by the use of symbols, messages or other devices for promotional purposes or for the conveying of information, instructions, directions or the like, whether or not the display includes the erection of a structure or the carrying out of a work not specifically defined elsewhere in the Plan.

Advertising panel means billboards, multi-sheet posters and the like, but does not include hoarding for a construction site.

Airport means an area or place which is or is intended for public or private use for the landing, taking off, or parking of aeroplanes or seaplanes. It includes ancillary—

(a) terminals and areas for the assembly of passengers or goods, and

(b) buildings for the parking, housing, servicing, maintenance or repair of aircraft.

Alter, in relation to a heritage item or to a building or work within a conservation area, means—

(a) the making of structural changes to the outside of the heritage item, building or work, or

(b) the making of non-structural changes to the detail, fabric, finish or appearance of the outside of the heritage item, building or work, not including maintenance.

Amenity means the enjoyment of the environment, whether by the community as a whole or by an individual, arising from the day to day use of property, including dwellings or publicly accessible land, community facilities or open space, and includes, but is not limited to, the enjoyment of—

(a) sunlight, privacy and views, and

(b) residential and community life free from nuisance arising from the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products or grit, or arising otherwise.

Amusement centre means a building used primarily for the purpose of providing amusement machines for operation or viewing by the public.

Amusement machine means a machine devised for entertainment, amusement or recreation, whether coin or token operated or not, and which is—

(a) mechanically or electronically operated, and

(b) operated by one or more participants,

and includes snooker and pool tables.

Ancillary sporting structure means structures such as goal posts, sight screens and the like, located in public parks or recreation areas, but does not include lighting, or buildings which accommodate people such as grandstands or public amenities.

Archaeological site means a site listed as such in Schedule 2 and identified on the Heritage Conservation Map.

Backpacker hostel means a building or part of a building primarily used to provide accommodation for travellers, tourists or persons engaged in recreational pursuits but is not used as their principal place of residence, and does not include a building or place elsewhere defined in this Schedule.

Bed and breakfast accommodation means a dwelling which—

(a) provides temporary overnight accommodation for the short-term traveller, and

(b) offers at least breakfast, and

(c) provides no more than two double rooms for let, and

(d) does not contain facilities in rooms for the preparation of meals by guests, and

(e) is operated and managed by the person who normally resides in the dwelling.

Boarding house means a building that is let in lodgings and which primarily provides lodgers with a principal place of residence for three months or more and generally has shared facilities such as a communal bathroom, kitchen or laundry and has rooms with one or more lodgers. It does not include a backpacker hostel, serviced apartments, a motel, private hotel or a building elsewhere defined in this Schedule.

Boatshed means a building or other structure that is not wider than one-third of the water frontage of the allotment on which it stands and not wider than 4 metres, that has a side wall height of not more than 3 metres, and that is used in association with a dwelling for the storage and routine maintenance of a boat or boats.

Brothel means premises used for the purpose of prostitution. Premises constitute a brothel even though used by only one prostitute.

Bulk store means a building or place used for the bulk storage of goods where the goods are not required for use in a shop or commercial premises on the same parcel of land or on adjoining land in the same ownership.

Bulky goods retailing means a building or place used for the sale by retail or auction, or the hire or display, of items (whether goods or materials) which are of such a size, shape or weight as to require—

(a) a large area for handling, storage or display, or

(b) direct vehicular access to the site of the building or place by members of the public, for the purpose of loading items into their vehicles after purchase,

but does not include a building or place used for a motor showroom or for the sale of foodstuffs or clothing.

Car park means a building or place used for parking vehicles, and any manoeuvring space and access to it, whether operated for gain or not.

Caravan park means land used for the siting of caravans, recreational vehicles, tents, portable dwellings, holiday cabins and the provision of amenities and utilities for permanent or non-permanent residents.

Child care facility means a building or place used for the purpose of supervising or caring for children (such as a service of the kind provided at centres for long day care, child minding, pre-school or occasional care, or a multi-purpose child care or neighbourhood centre) which—

(a) caters for 6 or more children up to 12 years old, and

(b) may include an educational function, and

(c) may be used for the hourly care of infants to enable their carer to participate in short-term activities, and

(d) may operate for the purpose of gain, and

(e) is not home based,

but does not include home based child care.

Club means a building used by persons associated, or by a body incorporated, for social, literary, political, sporting, athletic or other lawful purposes whether of the same or a different kind and whether or not the whole or a part of the building is the premises of a club registered under the Registered Clubs Act 1976.

Commercial premises means a building or place used as an office or for other business or commercial purposes, but does not include a building or place used for a purpose elsewhere specifically defined in this Schedule.

Community facility means a building or place which may provide for the physical, social, cultural or intellectual development or welfare of the local community and may comprise or relate to any one or more of the following—

(a) a public library,

(b) public health services,

(c) rest rooms,

(d) meeting rooms,

(e) indoor recreation,

(f) child minding,

(g) a youth facility,

(h) any other like place or use,

but does not include a building or place elsewhere defined in this Schedule.

Community garden means land used and managed communally for the purpose of cultivating fruit, vegetable or flower crops for community purposes, being either shared or individually owned land.

Conservation means all the processes of looking after a place so as to retain its cultural significance, including maintenance, and may, according to the circumstances, include preservation, restoration, reconstruction or adaptation and a combination of more than one of these.

Conservation area means an area shown edged green on the Heritage Conservation Map.

Conservation Management Plan means a document prepared in accordance with the provisions of the NSW Heritage Manual that establishes the significance of an item, place or heritage conservation area and identifies conservation policies and management mechanisms that are appropriate to enable that significance to be retained.

Contaminated land means land in, on or under which any substance is present at a concentration above that naturally present in, on or under the land, and that poses or is likely to pose an immediate or long-term risk to human health or the environment.

Council means Leichhardt Municipal Council.

Demolition means the damaging, defacing, destruction, pulling down or removal of a heritage item, building, work, relic or place in whole or in part.

Density area means land shown as a density area by heavy black edging on the Density Map.

Density Map means the map marked “Leichhardt Local Environmental Plan 2000—Density Map”.

Depot means a building or place used for the storage, repair, servicing or garaging (but not sale) of plant, machinery, vehicles, goods or materials used or intended to be used by the owner or occupier of the building or place, but does not include a building or place elsewhere defined in this Schedule.

Development has the same meaning as in the Act.

Diverse housing means development that provides a range of dwelling sizes that increases the supply and choice of housing in the local government area.

Drive-in take-away food shop means premises used primarily to sell ready to eat hot food to be consumed off the site, and with provision on the site for its collection by private motor vehicles.

Dwelling means a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile.

Ecologically sustainable development means development which uses, conserves and enhances the community’s resources so that ecological processes on which life depends are maintained and the total quality of life, now and in the future, can be increased.

Educational establishment means a building, or buildings, used as a school, college, technical college, TAFE establishment, academy, lecture hall, gallery or museum, but does not include a building used wholly or principally as a child care facility.

Enrichment, in relation to nuclear material, means any process by which the proportion of an isotope is increased in relation to the natural abundance of the isotope.

Exhibition home means an unoccupied dwelling available for public inspection and used for display purposes.

Extractive material means sand, gravel, clay, turf, soil, rock, stone or a similar substance.

Fabric means the physical material of a heritage item or place.

Floor means that space within a building which is situated between one floor level and the next floor level above or, if there is no floor above, the ceiling or roof above.

Floor space ratio means the ratio of the gross floor area of a building to the site area of the land on which the building is erected.

Foreshore Building Line Map means the map marked “Leichhardt Local Environmental Plan 2000—Foreshore Building Line Map”.

Generating works means a building or place used for the purpose of making or generating gas, electricity or other forms of energy from non-renewable resources.

Gross floor area means the total area of a building’s floorplates, measured between the outer edges of the outside walls or the centre line of any party wall, and includes mezzanines, attics, internal car parking spaces, garages, lofts and studios. It does not include projections outside the external walls of the building, paved areas, voids or basements used for car parking, where the car parking area does not protrude more than 1 metre above ground level.

Ground level means the level of the ground at 24 October 2000.

Group home has the same meaning as in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.

Health care premises means premises forming part of, or attached to or within the curtilage of, a dwelling comprised of not more than 3 consulting rooms, being rooms that are—

(a) used only by legally qualified medical practitioners, or other health care professionals, who practise the profession of medicine, dentistry or health care, respectively, in them, and

(b) used by not more than 3 such persons in total who employ a total of not more than 3 employees at any one time in connection with all of the practices.

Health care professional means a person who renders professional health care services to members of the public and includes—

(a) a podiatrist registered under the Podiatrists Act 1989, and

(b) a chiropractor or osteopath registered under the Chiropractors and Osteopaths Act 1991, and

(c) a physiotherapist registered under the Physiotherapists Registration Act 1945, and

(d) an optometrist registered under the Optometrists Act 1930, and

(e) a dentist with the meaning of the Dentists Act 1989.

Helipad means an area or place not open to public use which is set apart for the taking off and landing of helicopters.

Heliport means an area or place open to public use for use by helicopters and includes ancillary terminal buildings and facilities for parking, servicing and repair of helicopters.

Heritage Conservation Map means the map marked “Leichhardt Local Environmental Plan 2000 Heritage Conservation Map Issued June 2003”, as amended by the maps (or sheets of the maps) marked as follows—

Editorial note—

The amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan.

Leichhardt Local Environmental Plan 2000 (Amendment No 4)—Heritage Conservation Map

Leichhardt Local Environmental Plan 2000 (Amendment No 12)—Heritage Conservation Map

Leichhardt Local Environmental Plan 2000 (Amendment No 13)—Heritage Conservation Map

Leichhardt Local Environmental Plan 2000 Amendment No 18—Heritage Conservation Map

Heritage impact statement means a statement to demonstrate that the heritage significance of the relevant item, property or relic has been established, assess the impact that the proposed development will have on its significance and identify the measures which are proposed to minimise this impact, and is—

(a) prepared in accordance with the provisions of the publication “Statements of Heritage Impact” published by the Heritage Office and the Department of Urban Affairs and Planning, and

(b) in the case of a place of Aboriginal heritage significance, prepared in accordance with any guidelines for the time being notified to the Council by the Director-General of National Parks and Wildlife, and

(c) in the case of a place of non-Aboriginal archaeological significance, prepared in accordance with the publication “Archaeological Assessments” published by the Heritage Office and the Department of Urban Affairs and Planning.

Heritage item means a building, work, relic, tree or place identified in Schedule 2 as a heritage item or shown as such on the Heritage Conservation Map.

Heritage significance means historic, scientific, aesthetic, social, cultural, archaeological, architectural or natural significance.

High impact telecommunication facility means a facility that is not defined in the Telecommunications (Low-impact Facilities) Determination 1997 of the Commonwealth, made under the Telecommunications Act 1997 of the Commonwealth, and includes the following—

(a) overhead telecommunication lines, and

(b) a telecommunication tower that is not attached to a building, and

(c) a telecommunication tower attached to a building and more than 5 metres high, and

(d) an extension to a telecommunication tower that has previously been extended, and

(e) an extension to any other telecommunication tower, if the extension is more than 5 metres high, and

(f) any telecommunication facility on the site of a heritage item.

High technology industry means a building or place predominantly used to carry out an industrial activity that involves any of the following—

(a) electronic or micro-electronic systems, goods or components,

(b) information technology (such as computer software or hardware),

(c) instrumentation or instruments of a scientific, industrial, technological, medical or similar nature,

(d) biological, pharmaceutical, medical or paramedical systems, goods or components,

(e) film, television or multi-media technologies, including any post production systems, goods or components,

(f) telecommunications systems, goods or components,

(g) sustainable energy technologies,

(h) any other goods, systems or components intended for use in a science or technology related field,

but does not include a building or place used to carry out an industrial activity that presents a hazard or potential hazard to the neighbourhood or that, because of the scale and nature of the processes involved, interferes with the amenity of the neighbourhood.

Note—

High technology industries are a type of light industry—see the definition of that term in this Glossary.

Home based child care means the use of a dwelling for the provision of child care under the Family Day Care and Home Based Child Care Services Regulation 1996.

Home based employment means a business carried out in a dwelling or within an allotment that is the site of a dwelling, but only if—

(a) the business is undertaken by the permanent residents, and

(b) no, or not more than two, non-residents are employed at the premises at any one time in addition to the permanent residents, and

(c) the business does not interfere with amenity, in particular because of traffic movement, parking demand and working hours, and

(d) the business does not require provision of any essential service main of a greater capacity than that available in the locality.

Home industry means an industrial activity, whether or not involving the sale of items online, carried on in a dwelling, or in a building ancillary to a dwelling, by 1 or more permanent residents of the dwelling and not involving the following—

(a) the employment of more than 2 persons other than the residents,

(b) interference with the amenity of the neighbourhood because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise,

(c) the exposure to view, from adjacent premises or from a public place, of unsightly matter,

(d) the exhibition of signage, other than a business identification sign,

(e) the retail sale of, or the exposure or offer for retail sale of, items, whether goods or materials, not produced at the dwelling or building, other than by online retailing,

but does not include bed and breakfast accommodation or sex services premises.

Note—

Home industries are a type of light industry—see the definition of that term in this Glossary.

Hospital means a building or place used for the purpose of providing professional health care services (such as preventative or convalescent care, diagnosis, medical or surgical treatment, care for people with developmental disabilities, psychiatric care or counselling and services provided by health care professionals), and includes—

(a) ancillary facilities for the accommodation of nurses or other health care workers, ancillary shops or refreshment rooms and ancillary accommodation for persons receiving health care or for their visitors,

(b) facilities situated in the building or at the place and used for educational or research purposes, whether or not they are used only by hospital staff or health care workers, and whether or not any such use is a commercial use,

(c) a medical centre,

(d) a health clinic,

(e) any such building or place within a corrective or reformative establishment,

(f) a nursing home,

(g) a special needs home.

Hotel means premises, including a tavern, specified or proposed to be specified in a hotelier’s licence granted under the Liquor Act 1982, whether or not the premises provide accommodation.

Housing for seniors or people with a disability means residential accommodation intended to be used permanently as housing for the accommodation of seniors or people with a disability as defined in State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 and includes ancillary facilities.

Industry means—

(a) any manufacturing, production, assembly or research process, or

(b) the breaking up or dismantling of any goods or any article for trade, sale or gain or ancillary to any business, or

(c) the winning of extractive material,

but does not include a light industry.

Jetty means a small pier or wharf, but does not include a building or structure elsewhere defined in the Plan.

Junk yard means land used for the collection, storage, abandonment or sale of scrap metals, waste paper, rags, bottles, or other scrap materials or goods, or used for collecting, dismantling, storage, salvaging or abandonment of automobiles or other vehicles or machinery or for the sale of their parts.

Kiosk means a structure used for the provision of food and drink for the refreshment of users of the open space in which it is situated. That use must be secondary to the principal use of the open space.

Landscape plan means a plan prepared for a site showing plantings, paving and other details of outdoor areas of the site. Vegetation species, numbers, size and location are to be specified in the plan along with details of all external finishes and colours proposed for any buildings erected or intended to be erected on the site.

Landscaped area means the part of a site area at ground level—

(a) not occupied by any building above or below ground, and

(b) not overhung by part of a building with a clearance of less than 2.4 metres,

and used for recreation, lawns, gardens and substantial planting. It does not include balconies, driveways and parking areas, but includes decks where they have a direct connection to ground level and are no higher than 500mm above ground level.

Light industry means a building or place used to carry out an industrial activity that does not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, and includes any of the following—

(a) high technology industry,

(b) home industry.

Liquid fuel depot means a depot or place used for the bulk storage for wholesale distribution of petrol, oil, petroleum or other inflammable liquid.

Local shop means a shop having a gross floor area used for retail purposes not exceeding 60 square metres that is used principally for the provision of convenience goods and services for the benefit of occupants of the immediate locality and includes a milk bar, newsagent, video library, laundrette and the like, but does not include a refreshment room.

Low impact telecommunication facility means a facility as defined in the Telecommunications (Low-impact Facilities Determination 1997 of the Commonwealth, made under the Telecommunications Act 1997 of the Commonwealth.

Maintenance means protective care of the fabric, contents and setting of a heritage item, and includes the painting of previously painted surfaces, but does not include repairs that involve restoration or reconstruction.

Marine refuelling facility means a depot, building, wharf or place for the storage, distribution and sale of petrol, oil, petroleum or other fuels and water to vessels and may include an integrated sewerage pump-out system, but does not include a marina.

Markets means the use of land on a temporary basis for the purpose of selling goods or providing services, but does not include a land use elsewhere defined in this Schedule.

Motel means a building or buildings (other than a hotel, boarding house, bed and breakfast accommodation, backpacker hostel or private hotel) primarily used for the overnight accommodation of travellers and their vehicles, whether or not the building or buildings are also used in the provision of meals to those travellers or the general public.

Motor showroom means a building or place used for the display or sale of motor vehicles, caravans or boats, whether or not motor vehicle accessories, caravan accessories or boat accessories are also sold or displayed there.

Nuclear facility means a building or place that is—

(a) a facility for the conversion of uranium ore into uranium hexafluoride or any other chemical in order to enable its enrichment, or

(b) an isotope separation plant or other facility for the enrichment of nuclear material, or

(c) a fabrication plant or other facility for transforming nuclear material into a form suitable for use as fuel in a nuclear reactor, or

(d) a nuclear reactor, whether or not designed for the purpose of generating electricity, or

(e) a reprocessing plant or other facility for the chemical separation of fuel that has been irradiated in a nuclear reactor, or

(f) a separate storage installation for the storage or disposal of any nuclear material (including radioactive waste material) in the nuclear fuel cycle, being nuclear material used in or resulting from use of any of the facilities described in paragraphs (a)–(e).

It does not include a building or place used for the storage or disposal of any radioactive waste material resulting from the use of nuclear material or the transportation of nuclear material for medical or medical research purposes or any other purpose authorised under the Radiation Control Act 1990.

Nuclear fuel cycle includes any process or step in the utilisation of material capable of undergoing nuclear fission, including its ultimate disposal.

Nuclear material means any radioactive substance associated with the nuclear fuel cycle, including fertile and fissile material, spent fuel and waste.

Nuclear reactor means a device designed to produce controlled nuclear fission.

Open space embellishment means structures such as picnic tables, seats, bins, community notice boards and the like, located in public parks and recreation areas.

Operational land means land that is classified as operational land under Division 1 of Part 2 of Chapter 6 of the Local Government Act 1993.

Passenger transport terminal means any building or place used as a terminal for the assembly and dispersal of passengers travelling by any form of passenger transport, including any required facilities for parking, manoeuvring, storage or routine servicing of any vehicle.

Persons with special needs means the homeless, aged or young persons, single parents, ex-offenders, persons undergoing rehabilitation, persons requiring refuge, convalescing persons, persons with disabilities, the infirm or the incurable.

Place means a site, and includes a building or work, or a group of buildings or works, situated on or at the site.

Place of assembly means a building or place used for functions, conferences, theatre, cinema, concerts or dances or for any other similar use, and whether used for the purpose of gain or not, but does not include a place of public worship or an educational establishment.

Place of public worship means a building or place used for the purpose of religious worship by a congregation or religious group, whether or not the building or place is also used for counselling, social events, instruction or religious training.

Playground means an area of land specifically allocated for the use by children for play. It includes equipment and facilities on the land used for that purpose and may be owned or run privately or publicly.

Police facilities means any building, structure or place required for the carrying out of usual police business.

Port uses means the use of land or buildings in connection with the carrying of goods or persons by water for business or commercial purposes and for which a direct connection with the waterfront is essential.

Potential archaeological site means a site known to the consent authority to have archaeological potential even if it is not so identified and shown on the Heritage Conservation Map.

Preservation means maintaining the fabric of a place in its existing state and retarding deterioration.

Principal place of residence means the permanent home of a person. It does not include the temporary domicile of a person who is travelling or on a working holiday.

Private hotel means a hotel used primarily for short-term residential purposes which is not licensed under the Liquor Act 1982 and does not include a building or place elsewhere defined in this Schedule.

Public amenities means toilets, showers, change rooms or the like for use by the public.

Public building means a building used as offices or for administrative or other like purposes by the Crown, a statutory body, a council, Australia Post or an organisation established for public purposes.

Public transport stop means a building or place used for the assembly and dispersal of passengers travelling by public transport.

Railway purposes includes light rail purposes.

Reconstruction means returning a place as nearly as possible to a known earlier state and is distinguished by the introduction of materials (old or new) into the fabric.

Recreation area means—

(a) an area used for sporting activities or sporting facilities, or

(b) an area used to provide facilities for recreational activities which promote the physical, cultural or intellectual welfare of persons within the community, being facilities provided by—

(i) the Council, or

(ii) a body of persons associated for the purpose of the physical, cultural or intellectual welfare of persons within the community,

but does not include a club, racecourse or a showground or other place elsewhere defined in this Schedule.

Recreation facility means a building or place used for indoor or outdoor recreation, or a table tennis centre, squash court, swimming pool, gymnasium, health studio or bowling alley, or any other building of a like character used for recreation, whether used for the purpose of gain or not, but does not include a place of assembly.

Refreshment room means a building or place, the principal use of which is the provision of food to people for consumption on the premises, and includes a restaurant, café, tea room, eating house or the like, but does not include a kiosk.

Relic means any deposit, object or material evidence relating to the use or settlement, not being Aboriginal settlement, of the land to which the Plan applies and which is 50 or more years old.

Residential development means development for the purpose of bed and breakfast accommodation, boarding houses, boatsheds, dwellings, exhibition homes, group homes, home based employment or housing for seniors or people with a disability.

Restoration means returning the existing fabric of a place to a known earlier state by removing accretions or by reassembling existing components without the introduction of new material.

Road means a way open to the public for the passage of vehicles, persons and animals, including—

(a) any bridge, tunnel, causeway, road-ferry, ford, street, lane, pathway, footpath, cycleway, nature strip, crossing, by-pass, thoroughfare and trackway, or other work or structure forming part of the road, and

(b) the airspace above the surface of the road, and

(c) the soil beneath the surface of the road.

Service station means a building or place used for the fuelling of motor vehicles or the repair and servicing of motor vehicles, whether or not the building or place is also used for any one or more of the following purposes—

(a) the sale by retail of petrol, oil and other petroleum products and spare parts and accessories for motor vehicles,

(b) washing and greasing of motor vehicles,

(c) installation of motor vehicle accessories.

Serviced apartment means a building or part of a building containing two or more dwellings which are cleaned and serviced by the owner or manager of the building or the owner’s or manager’s agent, and which provides short-term accommodation for travellers or tourists, but does not include a building or place elsewhere defined in this Schedule.

Sex shop means a shop in which articles primarily associated with sexual activities are sold.

Shop means a building or place used for selling, whether by retail or auction, or hiring.

Site analysis means a concept plan that identifies development opportunities and constraints offered and imposed by the site, the potential impact of proposed development on surrounding sites, and the setting of the site.

Site area means the total area of an allotment or allotments which comprises or comprise the proposed development site. It does not include any area of land that is—

(a) less than 3.5 metres in width, and

(b) primarily used for access.

Smash repairs means carrying out repairs to motor vehicles or agricultural machinery which involves panel beating, spray painting and body building.

Special needs home means a dwelling that is—

(a) used to provide accommodation for the purpose of relief or rehabilitation for persons with special needs, whether or not those persons are related, and

(b) a household environment for persons with special needs, and

(c) occupied by the persons referred to in paragraph (a) as a single household, with or without paid or unpaid supervision or care, with or without payment for board and lodging being required.

Subdivision has the same meaning as in the Act.

Swimming enclosure means a place within a body of water, whether tidal or otherwise, which is enclosed by a fence to provide a safe bathing area.

The Act means the Environmental Planning and Assessment Act 1979.

Timber yard means a building or place used for the cutting, processing or storage of timber from logs or baulks.

Transport depot means a building or place used for servicing, repair or garaging of vehicles used for transporting the public.

Veterinary facility means a building or place used for diagnosing or surgically or medically treating animals, whether or not animals are kept on the premises for the purposes of treatment. It may also provide short-term accommodation for domestic pets.

Warehouse means a building or place used for the storage of goods, merchandise or materials pending their sale and distribution to persons engaged in retail trade or industrial activity.

Water-based commercial and recreational facility means a commercial use of a building associated with the servicing, temporary mooring, launching and storage of boats used for recreation or associated with other water-based recreational pursuits.

Youth facility means a building or place specifically designed for use by youths for recreation, meetings or education, and may include administration facilities and amenities for the youth and supervisors or co-ordinators, but does not include any other building or place elsewhere defined in the Plan.

Zoning Map means the map marked “Leichhardt Local Environmental Plan 2000 Zoning Map Issued April 2003”, as amended by the maps (or sheets of the maps) marked as follows—

Editorial note—

The amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan.

Leichhardt Local Environmental Plan 2000 (Amendment No 9)—Zoning Map

Leichhardt Local Environmental Plan 2000 (Amendment No 12)—Zoning Map

Leichhardt Local Environmental Plan 2000 (Amendment No 16)—Zoning Map

Leichhardt Local Environmental Plan 2000 (Amendment No 17)—Zoning Map

Leichhardt Local Environmental Plan 2000 Amendment No 18—Zoning Map

Leichhardt Local Environmental Plan 2000 Amendment No 19—Zoning Map

sch 3: Am 3.5.2002; 10.5.2002; 8.11.2002; 2.4.2004; 8.4.2004; 2005 (634), Sch 1 [3] [4]; 2006 (549), Sch 1 [2]; 2007 (348), Sch 1 [3]; 2007 (641), Sch 5.22 [6]–[8]; 2008 (402), Sch 1 [2]; 2009 (44), cl 4; 2009 (90), Sch 1 [41]; 2011 (635), Sch 1 [12] [13]; 2012 (675), Sch 1 [2]–[4]; 2020 (637), Sch 1.2.